Rub-a-Dub Dog Terms of Use

Last Updated: January 10, 2022

 

PLEASE NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION AFFECTS HOW DISPUTES WITH Rub-A-Dub Dog 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 THESE TERMS CAREFULLY.

 

These Terms of Use (the "Terms") govern, among other things, your access and use of any website (each a "Site") or any mobile application (each an "App") operated by Rub A Dub Dog LLC or any of its subsidiaries, divisions, or affiliates (collectively, "Rub-A-Dub Dog," "we,” “us," or "Company"). The Site, Apps and self-serve dog washing facility or facilities as descripted in Rub-A-Dub Dog’s website https://www.rubadubdog are collectively referred to in these Terms as "Services." You agree, without limitation or qualification, to be bound by these Terms and by the Rub-A-Dub Dog Privacy Policy, which is incorporated herein by reference, by accessing or using the Services or otherwise providing assent. If you do not accept, please do not access, or use the Services or otherwise assent.

The Company may revise these Terms at any time without prior notice. You will be deemed to have accepted those changes by, among other things, continuing to access or use the Services. You agree to comply with all applicable laws and regulations. The Products & Equipment provided on or through the Services are protected by law, including, but not limited to, United States copyright laws and international treaties. The terms "you," "your," "user," and "users," as used herein, refer to all individuals and/or entities accessing or using the Services for any reason or otherwise providing assent. Your use of the Services may be subject to additional terms in connection with certain programs, goods, or services associated with Rub-A-Dub Dog.

1. Eligibility and Use

You must be sixteen (16) years of age or older to visit or use the Services in any manner. By accessing or using the Services or otherwise accepting these Terms, you represent and warrant to the Company that you are 16  years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms.

Rub-A-Dub Dog provides you with access to and use of the Services subject to your compliance with the Terms. You also represent and warrant to the Company that you will use the Services in a manner consistent with any and all applicable laws and regulations. You are responsible for the consequences of your communications, uploads, transmissions and posting of information on or through the Services and for any use of the Services by anyone using your login information.

2. Use Restrictions

The contents on the Services, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Rub-A-Dub Dog 's licensors, and other Products & Equipment ("Materials") are protected by copyright under both United States and foreign laws. Title to the Products & Equipment remains with Rub-A-Dub Dog. Any use of the Products & Equipment not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any such Products & Equipment from the Services in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Services and to use the information and services contained on the Services subject to your compliance with these Terms. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Services for any purpose, subject to the express provisions of these Terms.

You may not distribute or make the Services available over a network where they could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates thereto, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by Rub-A-Dub Dog that replace and/or supplement the original Site, App, or Services, unless such upgrade is accompanied by separate or updated terms. If you violate any of these Terms, your permission to use the Products & Equipment automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials.

You may not, without Rub-A-Dub Dog 's written permission, "mirror" any Products & Equipment contained on the Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.

3. Copyright and Trademarks

The Services, and all content or Products & Equipment available through the Services, are protected by copyright. Unless specified otherwise on the Services or except as permitted by United States copyright law, no portion of the Services may be copied, republished, transmitted, or distributed in any way without Rub-A-Dub Dog prior written consent. Any such use of the Service's content or Products & Equipment for any purpose not authorized under these Terms is a violation of the copyrights of Rub-A-Dub Dog (or other entities where so indicated).

Permission for all uses of the Services other than as expressly authorized under these Terms, including linking to any page on the Services other than the home page, must be obtained from Rub-A-Dub Dog in advance. Any such request should be submitted via email to ceschenken@comcast.net. The use of the Services, or any content or Products & Equipment available hereon, on any other website or networked computer environment is prohibited. All design rights, compilation rights, and other intellectual property rights in and to the Services, in each case whether registered or unregistered, and related goodwill, are proprietary to Rub-A-Dub Dog or its licensors.

All trademarks, service marks, logos, and trade names on the Services, whether registered or unregistered, are proprietary to Rub-A-Dub Dog or to other companies where so indicated. You may not reproduce, download, or otherwise use any such trademarks, service marks, logos, or trade names without the prior written consent of Rub-A-Dub Dog or the appropriate owner thereof.

4. User Submissions

The personal information you submit to Rub-A-Dub Dog is governed by the Rub-A-Dub Dog Privacy Policy. To the extent there is an inconsistency between these Terms and the Privacy Policy, the Privacy Policy shall govern.

 

 

 

5.  DISCLAIMERS AND RELEASE OF LIABLITY

THE Products & Equipment AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Rub-A-Dub Dog DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Rub-A-Dub Dog DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Rub-A-Dub Dog DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE Products & Equipment ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Rub-A-Dub Dog) ASSUME THE ENTIRE COST OF ALL NECESSARY SRVICING, REPAIR OR CORRECTION.

Rub-A-Dub Dog ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY Products & Equipment OR CONTENT FROM THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Rub-A-Dub Dog ASSUMES NO AND DISCLAIMS ALL LIABILITY, WHETHER IN CONTRACT, WARRANTY, STATUTE, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR UNDER ANY OTHER LEGAL THEORY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Rub-A-Dub Dog HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH OR ARISING FROM THE SERVICES OR ANY ACT OR OMISSION BY Rub-A-Dub Dog, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OR THE PRIVACY POLICY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Rub-A-Dub Dog’s MAXIMUM AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID Rub-A-Dub Dog IN THE PRIOR 12 MONTHS.

 

Rub-A-Dub Dog is not responsible for any injury to you or your dog in the course of you using our self-service dog wash stations.  Likewise, Rub-A-Dub Dog is not responsible for any injury, adverse reaction, allergy, medical bills, or any other experience you or your dog may have in the course of you using our self-service dog wash stations and any of the dog cleaning, grooming and care products (“Products & Equipment”) and equipment Rub-A-Dub Dog provides to you as part of your dog washing experience at Rub-A-Dub Dog.  Such Products &Equipment include but are not limited to, shampoo and conditioner products, scissors, clippers, swabs, oils, ear cleaning products, brushes, combs, towels, blow dryers and dog treats.

 

USE OUR self-service dog wash stations and Products & Equipment entirely at your own risk.

 

Grooming Clippers are strictly forbidden without the express written permission of Rub-A-Dub Dog.  Rub-A-Dub Dog if you violate this policy and groom your dog with electric clippers, Rub-A-Dub Dog accepts NO LIABILITY WHATSOEVER for any injury you or your dog incur.   If you wish to bring your own grooming clippers or scissors, you must fill out a short firm at the store and receive written permission with this form prior to using your own grooming clippers or scissors. We will keep a copy of your form on file at the store for future reference.  (form provided in hard copy at store)

 

 6. Indemnity

To the maximum extent permitted by applicable law, you hereby agree to defend, indemnify, and hold Rub-A-Dub Dog 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 Services or Products & Equipment, or your violation of these Terms. 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.

 

 

7. Termination

Rub-A-Dub Dog reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, without prior notice at any time for any reason. Upon any such termination, you must destroy any content obtained from the Services and all copies thereof. The provisions of these Terms relating to Use Restrictions, Copyright & Trademarks, User Submissions, Unsolicited Ideas, Disclaimers, Limitation of Liability, Indemnity, Applicable Laws, and Mandatory Dispute Resolution shall survive any termination.

8. Modification or Suspension of the Services

You agree that Rub-A-Dub Dog may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services or any part thereof, and any Materials, temporarily or permanently, without notice or liability to you.

9. General

Rub-A-Dub Dog makes no claims that the Products & Equipment are appropriate or may be downloaded outside of the United States. Access to the Products & Equipment may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms govern our relationship with you, along with any additional terms in connection with certain programs, goods, or services associated with Rub-A-Dub Dog. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms, and you agree that you shall have no remedy with respect to any such representation not included in these Terms. Except as provided in Mandatory Dispute Resolution Section, each provision of the Terms 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.

10. Applicable Laws

These Terms are governed in accordance with the laws of the State of Washington, King County, 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 Rub-A-Dub Dog hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts located in the King County, Washington where no attorneys will participate, for the adjudication or disposition of any claim, action or dispute arising out of the Services or these Terms, including the Rub-A-Dub Dog Privacy Policy. The Federal Arbitration Act will govern the interpretation and enforcement of the arbitration agreement in the Mandatory Dispute Resolution Section. Except as provided in Mandatory Dispute Resolution Section, if any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision of these Terms shall be deemed or construed a further or continuing waiver of such term or condition; of any other term or condition; or of any proceeding or succeeding breach of any provision in these Terms.

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 Rub-A-Dub Dog, 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 Rub-A-Dub Dog have a Dispute (as defined below), Rub-A-Dub Dog is committed to engaging with you to resolve it. Therefore, for any Dispute that arises between you and Rub-A-Dub Dog, 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 Rub-A-Dub Dog, you must first send your name, address, telephone number, email address, and sufficient information for Rub-A-Dub Dog 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: ceschenken@comcast.net. You and Rub-A-Dub Dog agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone conference between you and Rub-A-Dub Dog. 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 Rub-A-Dub Dog’s receipt of the written description detailed above, you and Rub-A-Dub Dog 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 Rub-A-Dub Dog 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 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 Rub-A-Dub Dog 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 Rub-A-Dub Dog 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 http://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.

Rub-A-Dub Dog 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, Rub-A-Dub Dog 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 Terms. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending Dispute for which Rub-A-Dub Dog has notice or pending arbitration proceeding.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Rub-A-Dub Dog 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: Rub-A-Dub Dog updates to these 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. Rub-A-Dub Dog would continue to honor any valid opt outs if you previously opted out of arbitration with Rub-A-Dub Dog. To opt out of arbitration, you must send a notice via U.S. Mail to 6826 Greenwood Avenue N, Seattle, WA 98103, email ceschenken@comcast.net, 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 Terms will continue to apply to you. Opting out has no effect on any other arbitration agreements that you may have entered into with Rub-A-Dub Dog or may enter into in the future with Rub-A-Dub Dog.

12. Changes to these Terms

Rub-A-Dub Dog may revise these Terms at any time without prior notice. You will be deemed to have accepted those changes by, among other things, continuing to access or use the Services. We encourage you to check our Services frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms, we will post the revised Terms and the revised effective date on the Services.

13. Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Rub-A-Dub Dog on the Services, these Terms and the Rub-A-Dub Dog Privacy Policy constitute the entire agreement between you and Rub-A-Dub Dog with respect to the use of the Services and Materials.

14. Contact Information

Please contact us at the contact information below with any questions regarding these Terms. Rub-A-Dub Dog is not responsible for requests or correspondence lost or delayed in the mail or over the Internet.

Carrie Schenken:  ceschenken@comcast.net