PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

These Terms and Conditions govern your use of this Website and its content and, unless otherwise stated, your use of any other related website and/or mobile application owned or operated by Healthy Hounds Fitness Club, LLC, collectively, the “Website.”

AGREEMENT TO TERMS BY USER

By using the Website, you acknowledge and accept, without limitation or qualification, these terms, conditions, and notices (“Terms and Conditions”) and our Privacy Policy, which is incorporated herein by reference.

Healthy Hounds Fitness Club, LLC reserves the right to change these Terms and Conditions at any time, in its sole discretion.  The modified Terms and Conditions will be effective immediately upon posting, and you agree to the new posted Terms and Conditions by continuing your use of the Website.  You are responsible for checking periodically for any changes we may make to these Terms and Conditions.

Each time you use the Website, you reaffirm your acceptance of the then-current Terms and Conditions.  If you do not wish to be bound by these Terms and Conditions, your only remedy is to discontinue using the Website.  By using the Website, you also accept that any prior agreements between you and Healthy Hounds Fitness Club, LLC regarding your use of the Website are hereby superseded.

Certain services offered through the Website, including mobile applications and promotions, may be governed by additional terms and conditions presented in conjunction with them.  You’ll need to agree to the further terms before using these services.  These Terms and any other terms will apply equally.  In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail.

Users and Accounts

The Website is not intended for use by anyone under the age of 18.  YOU MUST BE AT LEAST AGE 18 TO ACCESS AND USE THE WEBSITE.  By accessing, using, and/or submitting information, you represent that you are at least 18.

Anyone under eighteen (18) years old may only use the Website under the supervision of their parent or a legal guardian.  IF YOU ARE A PARENT/LEGAL GUARDIAN AND PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS.  In addition, parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to harmful material to minors.

You may need to create and register an account to use the Website.  In creating an account, you agree to:

• Create only one account.
• provide honest, accurate, current, and complete information regarding yourself and your pets;
• keep your information updated and accurate;
• keep your account password private and do not share it with others; and
• Notify Healthy Hounds Fitness Club, LLC if you discover or suspect that your account has been hacked or its security has been breached. 

You also agree to take responsibility for all activities on or under any account registered to you and accept all risks for any unauthorized use of your account.

You are responsible for providing the equipment and services needed to access and use the Website.  We do not guarantee that the Website is accessible on any particular equipment or device or with any specific software or service plan.

We reserve the right, without notice and in our sole discretion, at any time, to terminate your right to access and use the Website or any component of it, block or prevent future access to and use of the Website, and delete your account and any related information.  Any obligation or liability incurred before the termination of your access to the Website will survive such termination.

Provision of the Website

We are constantly improving the Website to provide the best possible experience for you and other users.  You acknowledge and agree that the Website, or certain features of the Website, may change from time to time without notice to you.  Any new feature that enhances or modifies the current Website is subject to these Terms.

You acknowledge and agree that we may decline to provide access to the Website or stop (permanently or temporarily) providing the Website (or any feature, program, or content within the Website) to you or other users at our sole discretion, without notice or liability to you.  In addition, you may stop using any part of the Website at any time.  You do not need to inform us when you stop using the Website.

You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Website, your account details, or any files or other content contained in your account.

If you use a mobile device to access the Website, the following additional terms and conditions (“Mobile Terms”) also apply:

• You agree that you are solely responsible for all message and data charges that apply to using your mobile device to access the Website.  All such charges are billed by and payable to your mobile service provider.  Please contact your participating mobile service provider for pricing plans, participation status, and details.
• You understand that wireless service may not be available in all areas and may be affected by product, software, coverage, or service changes made by your service provider.
• Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
• When you opted in to participate in one of our text message programs, you provided your advance consent to receive text messages from the moment you responded to our initial correspondence.  Your consent is not required as a condition of purchasing services from us.  If you wish to withdraw your consent and unsubscribe, please text STOP to the last text thread you have received from us.
• Message frequency depends on the need.

 YOUR ACCESS TO AND USE OF THE WEBSITE VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.

LINKS TO THIRD-PARTY SITES 

The Website may contain links to other websites (“Linked Sites”).  The Linked Sites are not under the control of Healthy Hounds Fitness Club, LLC.  Healthy Hounds Fitness Club, LLC is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site.  Healthy Hounds Fitness Club, LLC is not responsible for webcasting or any other form of transmission received from any Linked Site.  Healthy Hounds Fitness Club, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Healthy Hounds Fitness Club, LLC of the Site or any association with its operators.

RESTRICTIONS ON USE 

You should assume that everything you see or read on this Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions.

Material from the Website and any other website and/or mobile application owned, operated, licensed, or controlled by Healthy Hounds Fitness Club, LLC may not be copied, distributed, republished, modified, uploaded, incorporated, posted, or transmitted in any way, without the prior written consent of Healthy Hounds Fitness Club, LLC except that you may print, display or download the Website for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices.  The material on the Website is provided for lawful purposes only.  No intellectual property rights are licensed or transferred to you through your use, but remain with Healthy Hounds Fitness Club, LLC, which owns the full and complete title.  You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Website.

Linking or any other manner of incorporating the whole or parts of this Website, including the framing of this Website by sites or site elements controlled by third parties, is strictly prohibited.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you warrant to Healthy Hounds Fitness Club, LLC that you will not use the Website for any unlawful or prohibited purpose under these terms, conditions, and notices.  You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

If applicable, you may not permit anyone other than yourself to use your username or password to gain access to the Website.  In addition, you will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password.

USE OF COMMUNICATION SERVICES 

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.  By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights to it or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another computer.
• Advertise or offer to sell or buy any goods or services for business purposes, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner.
• Falsify or delete any author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of software or other material in an uploaded file.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines applicable to any particular Communication Service.
• Harvest or otherwise collect information about others, including email addresses, without their consent.
• Violate any applicable laws or regulations.

Healthy Hounds Fitness Club, LLC has no obligation to monitor the Communication Services.  However, Healthy Hounds Fitness Club, LLC reserves the right in its sole discretion to review materials posted to a Communication Service and to remove any materials at any time, for any reason, without notice to you.  Healthy Hounds Fitness Club, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Healthy Hounds Fitness Club, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in Healthy Hounds Fitness Club’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.  Healthy Hounds Fitness Club, LLC does not control or endorse the content, messages, or information found in any Communication Service; therefore, Healthy Hounds Fitness Club, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.  Managers and hosts are not authorized by Healthy Hounds Fitness Club, LLC spokespersons, and their views do not necessarily reflect those of Healthy Hounds Fitness Club, LLC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination.  You are responsible for adhering to such limitations if you download the materials.

SUBMISSIONS GENERALLY 

All remarks, suggestions, ideas, graphics, discussions, chats, postings, transmissions, bulletin boards, or other information communicated to Healthy Hounds Fitness Club, LLC through the Website (collectively, a “Submission”) will forever be the property of Healthy Hounds Fitness Club, LLC.  Healthy Hounds Fitness Club, LLC will treat any Submission as non-proprietary and non-confidential.  By posting, uploading, inputting, providing, or submitting your Submission, you acknowledge that you and not Healthy Hounds Fitness Club, LLC have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.  You further warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.  Anything you transmit or post becomes the property of Healthy Hounds Fitness Club, LLC.  It may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, or marketing.

No compensation will be paid with respect to the use of your Submission, as provided herein.  Healthy Hounds Fitness Club, LLC is under no obligation to post or use any Submission you may provide.  In Healthy Hounds Fitness Club’s sole discretion, remove any Submission at any time, for any reason, without notice to you.

Healthy Hounds Fitness Club, LLC may, from time to time, monitor Submissions on the Website.  However, Healthy Hounds Fitness Club, LLC is under no obligation to do so.  Healthy Hounds Fitness Club, LLC assumes no responsibility or liability arising from the content of any such Submissions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Website, including in Submissions.  You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  Healthy Hounds Fitness Club, LLC will fully cooperate with any law enforcement authorities or court order requesting or directing Healthy Hounds Fitness Club, LLC to disclose the identity of anyone posting any such information or materials.

IDEA SUBMISSIONS 

Healthy Hounds Fitness Club, LLC and its employees do not accept or consider unsolicited ideas for new advertising campaigns, promotions, new or improved products, product enhancements and processes, materials, marketing plans, or new product names.  Therefore, please do not submit any unsolicited ideas, original creative artwork, suggestions, or other works (collectively, “Idea Submissions”) in any form to Healthy Hounds Fitness Club, LLC or any of its employees.  The primary purpose of this policy is to prevent potential misunderstandings or disputes that may arise when Healthy Hounds Fitness Club, LLC’s products or marketing strategies resemble ideas submitted to Healthy Hounds Fitness Club, LLC.  If, despite this request, you still send in Idea Submissions, the following terms shall apply to your Idea Submissions:

You agree that

1. Your Idea Submission(s) and their contents will automatically become the property of Healthy Hounds Fitness Club, LLC without any compensation to you;
2. Healthy Hounds Fitness Club, LLC may use or redistribute the Idea Submission(s) and their contents for any purpose and in any way;
3. There is no obligation for Healthy Hounds Fitness Club, LLC to review Idea Submission(s); and
4. There is no obligation to keep any Idea Submission(s) confidential.

PRODUCT FEEDBACK 

Healthy Hounds Fitness Club, LLC, welcomes your feedback on various aspects of our business.  If you’d like to share your feedback, we invite you to use the form at info@healthyhoundsfitnessclub.com.  Please provide only specific feedback on Healthy Hounds Fitness Club, LLC’s existing services or marketing strategies.  Any feedback you provide at this Site shall be deemed to be non-confidential.  Healthy Hounds Fitness Club, LLC shall be free to use such information on an unrestricted basis.

SERVICE-SPECIFIC TERMS AND CONDITIONS

Healthy Hounds Fitness Club, LLC Mobile Application

If you choose to download (if available) Healthy Hounds Fitness Club, LLC Mobile Application (“Mobile App”), you must accept our End-User License Agreement, which will govern your use of the Mobile App in addition to these Terms.

Opting In or Out of Communications

We primarily communicate via email, text, WhatsApp, and our client portal, Time to Pet, when scheduling your service.  If you opt out of email or text messaging, we may not be able to provide you with our best service.  We may also use direct mail to communicate with you.  Members who choose not to receive Program emails and/or SMS text messages may not receive all service-related alerts, promotions, news, and offers.

THIRD-PARTY SITE OPERATION AND ORDER PROCESSING

YOU HEREBY ACKNOWLEDGE AND AGREE THAT HEALTHY HOUNDS FITNESS CLUB, LLC USES MOEGO.PET AS ITS THIRD-PARTY VENDOR FOR OPERATION, PAYMENT PROCESSING, AND SERVICE FULFILLMENT THROUGH THE WEBSITE.  YOU HEREBY ACKNOWLEDGE AND AGREE THAT MOEGO.PET IS A THIRD-PARTY BENEFICIARY OF THESE TERMS AND THAT ALL RIGHTS OF HEALTHY HOUNDS FITNESS CLUB, LLC HEREUNDER (INCLUDING WITHOUT LIMITATION YOUR GRANT OF LICENSES (IF ANY) AND HEALTHY HOUNDS FITNESS CLUB, LLC’S LIMITATION OF LIABILITY AND INDEMNIFICATION) APPLY EQUALLY TO TIMETOPET.COM.

JURISDICTION 

Except as described otherwise, all materials on the Website are made available only to provide information about Healthy Hounds Fitness Club, LLC, or the respective brand, Healthy Hounds Fitness Club, LLC.  Healthy Hounds Fitness Club, LLC, or its designee, controls and operates this Site from its headquarters in Westminster, Colorado, United States of America, and makes no representation that these materials are appropriate or available for use in other locations.  If you use this Site from other locations, you are responsible for compliance with applicable local laws.

DISCLAIMER/RESTRICTION OF LIABILITY 

Healthy Hounds Fitness Club, LLC will not be liable for any damages or injury caused by the Website, including but not limited to any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEALTHY HOUNDS FITNESS CLUB, LLC AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US OR INFORMATION SUBMITTED VIA FORMS, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEALTHY HOUNDS FITNESS CLUB, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.  HEALTHY HOUNDS FITNESS CLUB, LLC’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.

The material, software, products, and services on the Website or available through the Website may include technical inaccuracies or typographical errors.  Healthy Hounds Fitness Club, LLC is not responsible if information made available on the Website is not accurate, complete, or current.  The material on the Website is provided for general information only.  It should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, complete, or timelier sources of information.  Any reliance on the material on the Website is at your own risk.  In addition, the Website may contain certain historical information.  Historical information is not current and is provided for your reference only.  Healthy Hounds Fitness Club, LLC may make changes or improvements at any time.

ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.  HEALTHY HOUNDS FITNESS CLUB, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

HEALTHY HOUNDS FITNESS CLUB, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

HEALTHY HOUNDS FITNESS CLUB, LLC DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  HEALTHY HOUNDS FITNESS CLUB, LLC, NEITHER WARRANTS NOR WILL REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.  HEALTHY HOUNDS FITNESS CLUB, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  HEALTHY HOUNDS FITNESS CLUB, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  YOU (AND NOT HEALTHY HOUNDS FITNESS CLUB, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.  THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

The Website contains downloadable materials as well as links to external sites.  Healthy Hounds Fitness Club, LLC is not responsible for and has no control over the content of such downloadable materials or external sites.  The inclusion of any link to such sites does not imply endorsement by Healthy Hounds Fitness Club, LLC of the sites.  You understand that Healthy Hounds Fitness Club, LLC cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this Website, will be free of infection or viruses, worms, Trojan Horses, or other code or defects that manifest contaminating or destructive properties.

EMPLOYMENT 

Healthy Hounds Fitness Club, LLC, and its employees do not accept or consider unsolicited solicitations for employment.  To be considered for a posted job opportunity, you must submit an application for a posted position.  Healthy Hounds Fitness Club, LLC is an equal opportunity employer committed to a diverse workforce.

INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Healthy Hounds Fitness Club, LLC and its affiliates and their officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms and Conditions.  For example, suppose you cause a technical disruption of the Website or the systems transmitting the Website to you or others.  In that case, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs arising or resulting from that disruption.

TERMINATION 

Healthy Hounds Fitness Club, LLC, or you may terminate this agreement at any time.  You may terminate this agreement by destroying: (a) all materials obtained from all Healthy Hounds Fitness Club, LLC websites and/or mobile applications, and (b) all related documentation and all copies and installations (together, the “Materials”).  Healthy Hounds Fitness Club, LLC reserves the right, in its sole discretion, to terminate this agreement, including your access to the Website and the related services or any portion thereof, immediately and for any reason without notice to you.  Upon termination, you must destroy all Materials.

DISPUTE RESOLUTION

YOU AND HEALTHY HOUNDS FITNESS CLUB, LLC AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and Healthy Hounds Fitness Club, LLC and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries, or affiliates (collectively for purposes of this section, “Healthy Hounds Fitness Club, LLC”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration in Adams Country, Colorado administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof.  Prior to initiating any arbitration, the initiating party will give the other party at least 60 days’ advanced written notice of its intent to file for arbitration.  Healthy Hounds Fitness Club, LLC will provide such notice by email to your email address on file with Healthy Hounds Fitness Club, LLC.  In addition, you must provide such notice by email to dispute resolution info@healthyhoundsfitnessclub.com with “Legal Dispute” appearing in the subject line.  During such a 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes.  Failing such an amicable settlement and expiration of the notice period, either party may initiate arbitration. 

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.  If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Healthy Hounds Fitness Club, LLC will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you.  If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Healthy Hounds Fitness Club, LLC for all fees associated with the arbitration that Healthy Hounds Fitness Club, LLC paid on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

The arbitrator will have the power to grant whatever relief would be available in a court under law or in equity.  Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.  The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply the applicable law and the provisions of these Terms, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.  Healthy Hounds Fitness Club, LLC, and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only.  Neither Healthy Hounds Fitness Club, LLC, nor you is entitled to arbitrate any Covered Dispute as a class, representative, or private attorney action.  The arbitrator(s) will have no authority to proceed on a class, representative, or private attorney general basis.  Suppose any provision of the agreement to arbitrate in this section is found unenforceable.  In that case, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class representative or private attorney general arbitration).  Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred.  For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 USC sec.  1-16 (FAA).

GEOGRAPHICAL SCOPE OF THE WEBSITE

Healthy Hounds Fitness Club, LLC controls and operates the Website from within the United States.  Unless otherwise specified on the Website, the Website is intended to promote only those Healthy Hounds Fitness Club, LLC services that are delivered by Healthy Hounds Fitness Club, LLC in the United States; Healthy Hounds Fitness Club, LLC.  Makes no representation that the materials on the Website or the services described thereby are appropriate or available for use in other locations.  If you access the Website from outside the United States, be advised that the Website may contain references to services that are not available or are prohibited in your country.  All visitors to and users of the Website are responsible for compliance with all local laws applicable to them with respect to the content and operation of the Website.

This English-language set of terms is Healthy Hounds Fitness Club, LLC’s official statement of its terms of use for all the Websites.  In case of inconsistency between these English-language sets of terms and their translation into another language, these English-language Terms prevail.

MISCELLANEOUS 

These Terms and Conditions will be governed and interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any principles of conflicts of law.  You hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Website.  Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.   You agree that no joint venture, partnership, employment, or agency relationship exists between you and Healthy Hounds Fitness Club, LLC as a result of these Terms and Conditions or use of the Website.  Healthy Hounds Fitness Club, LLC’s performance of these Terms and Conditions is subject to existing laws and legal processes.  Nothing contained in these Terms and Conditions is in derogation of Healthy Hounds Fitness Club, LLC’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Healthy Hounds Fitness Club, LLC with respect to such use.  Suppose any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above.  In that case, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms and Conditions shall continue in effect.  Unless otherwise specified herein or agreed to by the user, these Terms and Conditions constitute the entire agreement between the user and Healthy Hounds Fitness Club, LLC with respect to the Website.  A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Healthy Hounds Fitness Club, LLC, offers services in many parts of the United States.  However, the Website may describe services that are not available nationwide.

COPYRIGHT AND TRADEMARK INFORMATION 

Unless otherwise stated, all trademarks used herein are owned by Healthy Hounds Fitness Club, LLC.  All other third-party trademarks used on the Website are the property of their respective owners, used under license by Healthy Hounds Fitness Club, LLC.  Rights not expressly granted herein are reserved.

No framing allowed – none of the Content for the Site may be retransmitted without the express written consent of Healthy Hounds Fitness Club, LLC.

All contents of the Website are:

Copyright 2026 Healthy Hounds Fitness Club, LLC.  All Rights Reserved.

INQUIRIES 

Please direct all questions to:

ATTN: Website Terms and Conditions

info@healthyhoundsfitnessclub.com