Terms of Service

Terms of Service

Last Updated: October 23, 2026

Effective Date: October 23, 2026

Welcome to embarkpets.com. These Terms of Service ("Terms") constitute a legally binding agreement between you (whether personally or on behalf of an entity, "you," "your," or "User") and Embark Holdings LLC (doing business as "Embark Pets" and "Embark Harness Co.," and referred to herein as "Company," "we," "us," or "our").

These Terms govern your access to and use of embarkpets.com (the "Site"), our mobile-optimized interfaces, customer service channels, and any pet products, dog harnesses, leashes, collars, apparel, or accessories purchased through the Site or authorized sales channels (collectively, the "Products").

PLEASE READ THESE TERMS CAREFULLY. SECTION 11 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER THAT REQUIRE YOU TO RESOLVE DISPUTES EXCLUSIVELY ON AN INDIVIDUAL BASIS AND RESTRICT THE MANNER IN WHICH YOU CAN PURSUE RELIEF AGAINST US.

1. Acceptance of Terms & Eligibility

By visiting the Site, creating an account, browsing products, or completing a purchase, you agree to be bound by these Terms and our [Privacy Policy], incorporated herein by reference.

You represent and warrant that:

  • You are at least eighteen (18) years of age or the legal age of majority in your jurisdiction.

  • You possess the legal capacity to enter into a binding contract.

  • You will use all Products strictly in accordance with manufacturer instructions and applicable animal-welfare and leash laws.

If you do not agree to all terms and conditions set forth herein, you are expressly prohibited from using the Site or purchasing our Products.

2. Commercial Purchases, Pricing, and Billing

  • Order Acceptance & Modification: Receipt of an electronic order confirmation does not signify our final acceptance of your order. We reserve the right at any time to accept, decline, or limit order quantities for any reason, including inventory shortages, pricing inaccuracies, or suspected fraud.

  • Pricing & Typos: All prices are quoted in U.S. Dollars and do not include shipping, handling, or applicable sales tax. In the event a Product is listed at an incorrect price due to a clerical or typographical error, we reserve the right to cancel orders placed for that item, even if payment has been processed. If billed, a full refund will be credited to your original payment method.

  • Payment Processing: Payment details are handled by PCI-compliant third-party gateways (e.g., Shopify Payments). By placing an order, you authorize our payment processors to charge your selected payment method for the total order amount, including shipping charges and sales taxes.

3. Shipping, Title, and Risk of Loss

All purchases made on embarkpets.com are executed pursuant to a shipment contract. Legal title and risk of loss pass to you upon our physical transfer of the Products to the shipping carrier (e.g., USPS, UPS, FedEx, DHL). We are not liable for courier transit delays, customs holds, severe weather delays, or packages delivered to incorrect addresses provided during checkout.

4. Pet Safety, Restraint Disclaimers, and Assumption of Risk

Canine gear, harnesses, collars, and leashes are mechanical restraint accessories that experience substantial dynamic force, friction, environmental exposure, and animal interaction. By purchasing and utilizing our Products, you explicitly agree to the following terms:

  • Duty of Proper Sizing & Fit: You are solely responsible for measuring your pet accurately prior to selecting a size. A loose, incorrectly sized, or improperly adjusted harness or collar can permit an animal to back out, slip free, choke, or suffer friction chafing. You agree to consult our sizing guides and verify that the harness fits snugly (allowing a standard two-finger clearance between the straps and your pet's body) before every walk.

  • Mandatory Pre-Use Inspection: You agree to thoroughly inspect all stitching, nylon webbing, plastic buckles, metal D-rings, rivets, and leash clasps prior to every single use. Daily outdoor use, sand, salt water, ultraviolet light, and pet pulling cause natural material fatigue. If any seam, buckle, or metal ring shows signs of fraying, cracking, bending, or damage, you must discontinue use immediately.

  • Not Chew-Proof Warning: Fabric and nylon webbing are not chew-proof. Canine teeth can slice, fray, or compromise harness webbing in seconds without leaving obvious visible tears. Damage resulting from pet chewing, scratching, or clawing is not a manufacturing defect and voids all product guarantees. Never leave a dog unattended while wearing a harness or leash.

  • Escape & Restraint Disclaimer: No harness, collar, or leash is 100% escape-proof under all circumstances. Certain dogs, when panicked, aggressive, or backing up, can maneuver out of restraint systems. Embark Holdings LLC is not liable for instances where an animal slips, backs out of, breaks, or escapes from a harness, collar, or leash.

  • Motor Vehicle Restraint Warning: Unless explicitly certified and labeled by us as a crash-tested vehicular safety restraint, our harnesses and leashes are walking and hiking accessories only. They are not engineered to protect pets or passengers during a high-speed automotive collision.

  • Assumption of Risk: You voluntarily assume all risks, known and unknown, associated with the handling, training, walking, and restraint of your pet. You acknowledge that pet behavior is inherently unpredictable, and you assume full legal and financial responsibility for any personal injury, pet injury, third-party injury, veterinary expenses, or property damage resulting from your handling or your animal's behavior while using our Products.

5. Intellectual Property

All trademarks, service marks, trade dress, logos, brand names ("Embark," "Embark Pets," "Embark Harness Co."), product designs, photography, text, and software code on the Site are the exclusive intellectual property of Embark Holdings LLC or its licensors. You may not reproduce, modify, scrape, harvest, distribute, or create derivative works from our content without our prior written authorization.

6. User Reviews & Submitted Content

By submitting product reviews, photographs, videos, or feedback to the Site or tagging our official social media handles, you grant Embark Holdings LLC a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, publish, reproduce, modify, and display such content across our marketing channels, social media, and digital storefronts without compensation or attribution to you. You warrant that you own or possess all necessary rights to any content you submit.

7. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN OUR WRITTEN PRODUCT WARRANTY ACCOMPANYING A PURCHASE, THE SITE AND ALL PRODUCTS SOLD THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EMBARK HOLDINGS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  1. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

  2. WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; AND

  3. WARRANTIES THAT THE SITE OR PRODUCTS WILL PREVENT AN ANIMAL FROM ESCAPING, RUNNING AWAY, OR INJURING ITSELF OR OTHERS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMBARK HOLDINGS LLC, ITS MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY NATURE—INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, VETERINARY EXPENSES, ANIMAL INJURY OR LOSS, THIRD-PARTY BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF COMPANIONSHIP, PROPERTY DAMAGE, OR STATUTORY PENALTIES—ARISING OUT OF OR RELATED TO:

  • YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE OR OUR PRODUCTS;

  • AN ANIMAL ESCAPING, SLIPPING OUT OF, OR BREAKING A HARNESS, LEASH, OR COLLAR;

  • AN ANIMAL BITING, ATTACKING, OR INJURING ANOTHER DOMESTIC ANIMAL, WILDLIFE, OR HUMAN;

  • AN ANIMAL RUNNING INTO TRAFFIC OR SUFFERING ACCIDENTAL INJURY; OR

  • ANY TRACKING PIXEL, COOKIE, OR AUTOMATED TRACKING CODE ACTIVE ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO EMBARK HOLDINGS LLC FOR THE SPECIFIC ITEM GIVING RISE TO THE CLAIM IN THE PRECEDING TWELVE (12) MONTHS; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

9. Indemnification Agreement

You agree to defend, indemnify, and hold harmless Embark Holdings LLC, its parent companies, subsidiaries, affiliates, members, officers, directors, employees, agents, and licensors from and against any and all claims, demands, lawsuits, regulatory proceedings, liabilities, settlements, judgments, losses, damages, fines, and expenses (including reasonable attorneys' fees, court costs, and veterinary costs) arising out of or related to:

  • Your pet escaping, causing damage, attacking, or injuring any person, domestic animal, or property while using our Products;

  • Your failure to inspect, adjust, or properly maintain the Products as instructed herein;

  • Your breach of these Terms, the Privacy Policy, or applicable animal leash/control laws; or

  • Any content, customer reviews, or submissions you provide to the Site.

10. Third-Party Marketplaces (Target, Amazon, Retailers)

If you purchased Embark Products through an authorized third-party retailer or online marketplace (such as Target or Amazon), your payment, shipping carrier arrangement, and platform returns are governed by that retailer's commercial policies. However, all safety warnings, product disclaimers, assumptions of risk, warranty limitations, and indemnification obligations set forth in Sections 4, 7, 8, 9, and 11 apply to you and your use of the Products.

11. Dispute Resolution: Mandatory Binding Individual Arbitration; Class-Action and Jury-Trial Waiver

PLEASE READ THIS ENTIRE SECTION CAREFULLY. IT MATERIALLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, HAVE A JURY HEAR YOUR CLAIMS, AND PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

11.1 Mandatory Informal Dispute Resolution (30-Day Cure Period)

Before asserting any claim, formal demand, arbitration, or lawsuit against Embark Holdings LLC, you and the Company agree to first attempt to resolve the dispute informally in good faith for at least thirty (30) days.

To initiate this process, the claimant must deliver an individualized written Notice of Dispute by certified mail to:

Embark Holdings LLC

Attn: Legal Department

107 N. 11th Street, Suite 446

Tampa, FL 33602

With an electronic copy sent via email to: hello@embarkpets.com

The Notice of Dispute must include: (a) your full legal name, telephone number, mailing address, and account email; (b) the order number, transaction date, and specific products involved (if applicable); (c) a detailed narrative of the specific facts, events, and legal theories underlying the dispute; and (d) a specific calculation of the monetary relief or description of injunctive relief demanded.

The 30-day informal negotiation window commences on the date physical notice is delivered. Neither party may initiate arbitration or court proceedings until this 30-day informal period expires. This requirement does not apply to claims seeking emergency injunctive relief solely to prevent intellectual property infringement or misappropriation.

11.2 Agreement to Binding Individual Arbitration

Except for qualifying claims brought in small-claims court on an individual basis, or claims seeking emergency injunctive relief for intellectual property misuse:

  • Any claim, controversy, or dispute arising out of or relating to these Terms, our Privacy Policy, your visit to embarkpets.com, our marketing, advertising, text messaging, or tracking technologies (including claims under the Telephone Consumer Protection Act, CAN-SPAM Act, California Invasion of Privacy Act, or state consumer statutes), or any products sold or distributed by Embark Holdings LLC, shall be resolved exclusively through final and binding individual arbitration, rather than in a court of general jurisdiction.

  • The Federal Arbitration Act (FAA), 9 U.S.C. §§ 1–16, governs the interpretation, scope, and enforcement of this arbitration agreement.

  • The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by these Terms. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Section, the parties shall mutually select an alternative neutral arbitration provider.

  • The arbitration shall be conducted before a single neutral arbitrator. The arbitrator may award individual relief, declaratory judgments, or monetary damages available under applicable statutory or common law, but shall have no authority to award relief for or against any person or entity not a named party to the proceeding.

  • Unless both parties agree otherwise, arbitration hearings will take place remotely via videoconference or teleconference, except where in-person attendance is mandated by applicable AAA rules in the county where you reside.

11.3 Mutual Class-Action and Jury-Trial Waiver

YOU AND EMBARK HOLDINGS LLC MUTUALLY WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU AND EMBARK HOLDINGS LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NEVER AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE PROCEEDING, MASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE LAWSUIT.

The arbitrator is expressly barred from consolidating, joining, or coordinating claims of different individuals, and shall not preside over any form of representative or class proceeding. If a final judicial determination finds that this Class-Action Waiver is unenforceable as to a particular claim or remedy (such as an indivisible request for public injunctive relief), then only that specific claim or remedy shall be severed and litigated in the designated state or federal courts in Florida, while all remaining claims and remedies remain subject to binding individual arbitration.

11.4 Mass Arbitration Protocol

To ensure fair and efficient administration and protect the parties from disproportionate procedural costs, if twenty-five (25) or more similar arbitration demands are asserted against Embark Holdings LLC by or with the assistance of the same law firm, coordinating law firms, or sponsoring organization within a ninety (90) day window:

  1. Batching: Demands shall be administered in successive batches of twenty-five (25) individual claims at a time.

  2. Sequential Hearings: The AAA shall assign a single arbitrator to each batch, and only those twenty-five (25) claims within the active batch shall proceed to scheduling, preliminary hearings, fee assessments, and determination.

  3. Fee Suspensions: No arbitration provider fees, filing fees, or arbitrator compensation shall be assessed against or due from Embark Holdings LLC for any claims in subsequent batches until the active batch has concluded through final award, withdrawal, or settlement.

  4. Tolling of Limitations: Any applicable statutes of limitations and filing fee deadlines for remaining claimants waiting in the queue shall be tolled throughout the duration of this staged batching process.

  5. Enforceability: A court of competent jurisdiction located in Florida shall have the sole authority to enforce this sub-section and may enjoin the filing or administration of arbitrations commenced in violation of this protocol.

11.5 30-Day Opt-Out Mechanism

You have the right to opt out of the agreement to arbitrate set forth in this Section 11 by mailing a formal written opt-out notice within thirty (30) days of your initial purchase or first use of the Site, whichever is earlier.

The opt-out notice must be sent via first-class or certified mail to:

Embark Holdings LLC

Attn: Arbitration Opt-Out

107 N. 11th Street, Suite 446

Tampa, FL 33602

To be valid, the opt-out notice must include: (a) your full legal name; (b) your physical mailing address; (c) the email address associated with your purchase or site visit; (d) the order number or date of purchase (if applicable); and (e) an unequivocal statement indicating that you reject the arbitration agreement contained in these Terms. Opting out of arbitration will not alter or affect your underlying purchases, warranties, or the remainder of these Terms, including the Class-Action Waiver, Choice of Law, and Venue provisions.

12. Governing Law & Judicial Venue for Non-Arbitrable Disputes

These Terms, your access to our Site, transactions with our business, and any non-arbitrable disputes or litigation arising hereunder are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law, except that the Federal Arbitration Act governs Section 11.

Subject to applicable consumer-protection laws, exclusive venue and jurisdiction for any judicial proceeding arising out of or related to these Terms, non-arbitrable claims, or the enforcement or challenge of an arbitration award will lie solely in the state courts situated in Hillsborough County, Florida, or the United States District Court for the Middle District of Florida (Tampa Division), and each party irrevocably submits to the personal jurisdiction of such courts.

13. Severability, Entire Agreement, and Waiver

  • Severability: If any provision of these Terms is held to be invalid, void, or unenforceable by a court or arbitrator of competent jurisdiction, that specific provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is impossible, and all remaining provisions shall remain in full force and effect.

  • Entire Agreement: These Terms, together with our Privacy Policy and any product-specific operating manuals, constitute the complete and exclusive agreement between you and Embark Holdings LLC with respect to the Site and your purchases.

  • No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

14. Modifications to These Terms

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. When changes are made, we will update the "Last Updated" date at the top of this page. Your continued access to or use of the Site following the posting of any revised Terms constitutes your acceptance of and agreement to the modifications.

15. Contact Information

If you have any questions, comments, or legal notices concerning these Terms of Service, contact our legal department at:

Embark Holdings LLC

Attn: Legal Department

107 N. 11th Street, Suite 446

Tampa, FL 33602

Email: hello@embarkpets.com

Telephone: (813) 592-6825