Terms of Use

Effective Date: October 2020 

INTRODUCTION

One Down Dog, LLC, a California limited liability company, (One Down Dog- “we”, “our”, “us”), operates and owns this website (together with any other websites or apps branded as One Down Dog, the “Website”).  By accessing this Website, you are agreeing to be bound by these Terms of Use (which may be amended by us from time to time), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws (including any international laws). Your right to access and use the Website will terminate immediately, without any further action by us, if you breach these Terms of Use or we otherwise determine that you are causing harm to the Website, yourself or anyone else.  The content contained in this Website is owned solely by One Down Dog and protected by applicable copyright and trademark law.  One Down Dog may make changes to the content and materials contained in this Website at any time without notice. Your use of this Website is subject to these terms and our Privacy Policy which may be updated from time to time (together, this “Agreement”).  Please read this Agreement carefully and make sure you understand it.  If you do not understand this Agreement, or do not accept any part of it, then you may not use this Webiste.

USE LICENSE 

We are pleased to grant you a non-exclusive, revocable, limited license to use this Website solely for your personal and non-commercial use.  You may only use this Website in the way the content you access is intended and in compliance with these Terms of Use and with any and all applicable laws, rules and regulations.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained with this Website.

ACCOUNTS 

In creating an account, you may not misrepresent your identity and you may never use another person’s account for any purpose whatsoever.  If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances.  You should never share your account information with third parties nor allow third parties to use your account.  Please keep your password confidential and be sure to exit from your account at the end of each session.  You are responsible for all the activity on your account, including the use of your account by other people who you may or may not be authorized to use your account.

IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCTS/SERVICES 

We offer certain products and services on an automatic or subscription basis, so you can enjoy all the benefits of our products or services on a continuous basis.  If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase.  By choosing the automatic renewal and subscription option, you acknowledge and agree your subscription will automatically renew at the then current rate, and unless you cancel, you authorize us to charge your payment card for the products/services you purchased, plus applicable shipping and handling, and taxes. If you purchased a subscription with a free trial period, you authorize us to charge your payment card when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended.  The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons.  Your automatic subscription will continue until you or we cancel your order.  You may cancel your subscription at any time by accessing your account online. Any cancellation of your subscription must be received by us at least thirty (30) days prior to the next scheduled payment date in order to take effect for that period.  If you cancel less than thirty (30) days prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.

Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.

LIMITATIONS OF LIABILITY

In no event shall One Down Dog nor its employees, agents, subsidiaries or affiliates, be liable for any damages including, without limitation, damages for loss of data or profits, business opportunities, goodwill, indirect, incidental or consequential loss or damages, punitive damages, personal injury nor property damages or due to business interruption, arising out of the use or inability to use this Website, any products and/or services offered by us, nor for any mistakes or inaccuracies of this website.  Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. 

DISCLAIMER 

The materials on this Website are provided “as is.”  We make no, nor create any warranties, expressed or implied, and hereby disclaims and negate any and all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.  In particular, although we provide our products and services with your health and safety in mind, it is critical that you consult your physician, follow all provided safety and other instructions, and obtain authorization before accessing or using any of our products or services, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions.  The contents, products and services on this Website are provided for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment.

LINKS AND ADVERTISING 

We have not reviewed all of the sites linked to this Website and we are not responsible for the contents of any such linked site, including but not limited to, advertisements and content posted by third-parties.  Use of any such links is at your own risk.

ARBITRATION AND CLASS ACTION WAIVER 

In the event of any dispute between you and us regarding these Terms of Use, the Privacy Policy, the Website and/or any products or services purchased from the Website, you and One Down Dog agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to hello@onedowndog.com. We will send any notice of dispute to you at the contact information we have for you. You and One Down Dog will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claim qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You agree to arbitrate with One Down Dog only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.  No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding.  If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.  For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction.  All arbitrations shall be initiated in Los Angeles County, California.

NO WAIVER

If you fail to comply with these Terms of Use and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed a Privacy Policy for you to understand how we collect, use, communicate and disclose and make use of personal information.  Please review our Privacy Policy carefully.

GOVERNING LAW

All claims arising out of or relating to these terms or the Service will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA. You and YouTube consent to personal jurisdiction in those courts.

LIMITATION OF LEGAL ACTION

YOU AND ONE DOWN DOG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.