Terms of service

Welcome to Bark!

These terms and conditions (the “Terms of Service”) govern your (“you” or “your”) access to and use of the BARK family of websites, your relationship with Barkbox, Inc. and its affiliates and subsidiaries (collectively, “BARK”, “we”, “our” or “us”), as well as all applications, services, subscriptions, or products provided by us via the family of websites. These Terms of Service apply to all BARK websites, including www.barkbox.com, www.barkpost.com, www.barkeats.com, www.barkbright.com, www.barkessentials.com, www.superchewer.com, www.barkshop.com and www.bark.co (together with any other BARK websites, the “Sites”), along with any downloadable applications that BARK makes available (the “Apps” and, together with the Sites, the “Platforms”), all Products (as defined below) provided by BARK via the Sites, and all services provided by BARK via the Sites, including without limitation, our monthly subscription, Product and gift services (collectively, the “Services”).

IMPORTANT: THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION AGREEMENT THAT, AS FURTHER SET FORTH IN SECTION 24 (DISPUTE RESOLUTION) BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN SECTION 24 BELOW. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. THESE TERMS OF SERVICE ALSO CONTAIN OTHER IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY. PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND BARK.

BY ACCESSING OR USING THE PLATFORMS OR PURCHASING PRODUCTS OR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, AND YOU REPRESENT THAT: (A) YOUR ACCESS TO AND USE OF THE PLATFORMS WILL BE IN ACCORDANCE WITH THESE TERMS OF SERVICE AND ALL APPLICABLE LAWS, RULES AND REGULATIONS; AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS OF SERVICE.

If you do not agree to these Terms of Service and the Privacy Policy, you may not access or otherwise use the Platforms.

We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to our Platforms; provided that such changes shall not apply to any fee-bearing subscription to the Services which are then in effect until the expiration or termination of such subscription, or except as otherwise specified below. These Terms of Service apply to all BARK’s services and features unless otherwise indicated.

BARK provides a subscription service for monthly delivery of canine-related products for your dog or as a gift to other dog owners. Access to the Platforms, use of the Services, and purchase of the Products is subject to these Terms of Service and the BARK Privacy Policy available on the Sites.

1. Acceptance of Terms

By using the Platforms, purchasing our Products, or subscribing to our Services, you indicate your unconditional acceptance of the following Terms of Service and BARK’s Privacy Policy. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms of Service may be viewed at https://bark.co/policies/terms-of-service.

2. Scope of Service

BARK maintains the Platforms as a service to the users who visit the Platforms subject to these Terms of Service. You are responsible for obtaining any equipment and Internet service necessary to access the Platforms and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue the Platforms, the Products, or the Services in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Platforms, Products, and/or Services, for some or all users, from time to time. The Platforms, Products, and/or Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

3. Website Content

Users have a personal, non-transferable, non-exclusive right to access and use the Content of these Platforms subject to these Terms of Service. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Platforms or Services, whether created by us or provided by another person for display on the Platforms or through the Services.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:

• The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
• The Content may not be modified.
• Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on the Platforms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Platforms or any Content displayed on the Platforms, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on the Platforms.

4. Registration and Subscriptions; Product Sales

• a. Registration. Certain of our Services are reserved for registered users. In order to become a registered user (each, a “Client”), we will ask you to complete a registration form and provide a user name or email and create a password (“Login Credentials”). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms of Service. Certain Services may also require additional information, such as credit card information and information about your dog. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. For your convenience as a BARK user or subscriber, all information that you provide to BARK is subject to BARK’S Privacy Policy. You are responsible for keeping your registration information up to date through your account page, to the extent such feature is made available on the Platforms for the applicable Service.
• b. Acknowledgement to Receive Email or Push Notifications. In order to start your ongoing monthly subscription, you must register as a member on the applicable Platform. To register, you can simply provide information about your dog including its size (for optimal gift selection), your shipping information including your address and billing information, and your valid email address and password to create your login profile. All information that you provide to BARK, including your credit card information, is subject to BARK’s Privacy Policy. You are responsible for keeping your registration information up to date through the account page on the Platforms. As a registered user of BARK, you agree to receive emails, notifications, or text messages promoting any offer(s) provided by BARK, including third party offers. We may from time to time send you push notifications or messages with information about upcoming events, information about Service or Product offers from us, or our partners’ monthly newsletters. You may opt-out from receiving such correspondence from us by clicking on the “unsubscribe” link in any promotional message.

5. Monthly Delivery

• a. Ordering. Clients may from time to time order Products through certain of the Platforms, including through one-time purchases (in the case of BarkShop) or through monthly subscriptions. We or a third-party shipping company will ship such products to the address you provide in the course of ordering such products. You shall be responsible for shipping costs unless otherwise provided on the Platform with respect to your order.
• b. Subscription Product Selection. If you choose to register with BARK, the selection of items that may be included in your dog’s monthly delivery is subject to change. Accordingly, BARK cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.

As a subscribed BARK member, each month we will ship you a package with a different selection of items for your dog that may consist of a selection from toys, treats, shampoos, bones, bully sticks, hygiene products, food samples, or other canine-related items (“Products”). Each month of your subscription, the selection of Products may change. Accordingly, BARK cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.

BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH.

6. Billing and Payments

We may make the Services available, including monthly BARK subscriptions, for free or for a fee from time to time. We reserve the right to change our fee structure at any time, except for the subscription fees applicable to any then-current fee-bearing subscription period. We also reserve the right to initiate special incentive pricing, membership and other programs, which may be limited, at our sole discretion, to defined and limited existing users or new users. If you purchase any Services that we offer for a fee, either on a one-time or subscription basis, you agree to pay BARK directly or via its third-party payment processing service provider. You also agree to pay the applicable fees for such Services (including, without limitation, periodic fees for subscriptions) as they become due plus all related taxes.

The price of the Services, Products, and/or goods is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard, American Express, Discover, and PayPal.

7. Subscription Renewals

You will automatically be charged each month for your ongoing subscription. IF YOU HAVE COMMITTED TO A SUBSCRIPTION PLAN LASTING LONGER THAN ONE MONTH (I.E., 6 OR 12 MONTH PLANS), YOU WILL AUTOMATICALLY BE CHARGED EACH MONTH DURING THAT SUBSCRIPTION PERIOD, EVEN IF YOU HAVE CANCELLED YOUR SUBSCRIPTION PRIOR TO THE END OF THAT SUBSCRIPTION PERIOD. FURTHER, YOUR SUBSCRIPTION TO SUCH SERVICE WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD. To cancel, you must log in and cancel the subscription on the Platform applicable to such Service by the first day of the month following the end of your then-current subscription period, or contact our Happy team through the contact information on our website. YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO THE FIRST DAY OF THE MONTH FOLLOWING THE END OF A SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME. All cancellation requests received after the first day of the calendar month following a subscription period will apply to the following subscription period. We may refuse to renew any subscription in our sole discretion.

8. Payment

You agree that BARK may charge your payment method for any Services (including but not limited to subscriptions) or Products you purchase and for any additional amounts (including any taxes, including local sales tax or VAT, and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING BARK WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON THE SHIPPING, RETURN AND EXCHANGE POLICY FOR THE PLATFORM APPLICABLE TO SUCH SERVICE, SUBSCRIPTION OR PRODUCT FROM TIME TO TIME. You may be charged, and you agree to pay, local sales tax or VAT, if applicable.

Prices for the Products and Services offered via the Platforms may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your monthly purchase of Products or Services.

We use a third-party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant BARK the right to store and process your information with the third-party payment service, which BARK may change from time to time; to the fullest extent permitted by law, you agree that BARK will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third-party payment service provider’s terms of service and privacy policies; the current version of which is attached as a link at http://recurly.com/legal/terms. You acknowledge that we may change the third-party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

9. Shipping and Risk of Loss

Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify BARK within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged.

Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.

10. International Access

The Platforms may be accessed from countries other than the United States. The Platforms and the Services contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use the Platforms outside the United States, you are responsible for complying with your local laws and regulations.

11. Order and Subscription Cancellations

We work hard to make your subscription satisfying; however, you may cancel your ongoing membership through the account page on the Sites or by contacting our Happy team. You must update your account by the first day of the month following the end of your then-current subscription period.

YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD.

YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO THE FIRST DAY OF THE MONTH FOLLOWING THE END OF A SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.

All cancellation requests received after the first day of the calendar month following a Subscription Period will apply to the following Subscription Period.

We may terminate your membership, without notice, for conduct we believe violates these Terms of Service or our policies, is harmful to our business interests, or for an inactive account.

12. Content Submitted by Users

a. Submitted Content. Certain BARK Platforms and Services enable users to upload additional information which can be made accessible to other users and/ or the general public. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, use, display or share on or via the Platforms. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the Platforms.

b. Ownership and Use of Content.  BARK does not claim ownership of any User Content. By posting User Content on any of our Sites or Platforms, however, you represent, acknowledge and agree that: (i) you are an actual user of any Product(s) referenced in the User Content; (ii) the User Content reflects your honest opinions, findings, beliefs or experiences with the Product(s) you used; (iii) if you received the Product(s) for free or otherwise have any paid partnership with BARK, the User Content clearly discloses these circumstances or any other information that might materially affect the weight or credibility of the User Content you post; (iv) BARK has, and you have expressly granted to BARK, an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, create derivative works from, and otherwise use and exploit the User Content for any purpose, including but not limited to promoting and marketing BARK, its Services, or its Products; and (v) to the fullest extent allowed by law, you waive any and all rights of publicity, privacy, morality or any other rights of a similar nature you may have related to or arising from the User Content.

c. User Representations. You represent and warrant that: (i) you own the User Content submitted and used by you on or through the Platforms or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the submission and use of your User Content on or through the Platforms does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) the User Content you provide will not contain libelous or otherwise unlawful, abusive or obscene materials; (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you submit or use on or through the Platforms; (v) BARK will be entitled to use any User Content, as permitted herein, without incurring obligations of confidentiality, attribution or compensation to you; and (vi) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.

d. Required Disclosures. You acknowledge and agree that BARK may store and/or preserve User Content and may also disclose User Content and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of these Terms of Service; (c) respond to claims that any User Content violates the rights of third-parties in accordance with these Terms of Service; and/or (d) protect the rights, property, or personal safety of BARK, its representatives and/or agents, its users or the public.

e. Accuracy: You may use this Website (but not subscribe to our Services) without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a service, event, or promotion on the Platforms or to use our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.

f. Liability: We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through the Platforms, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of BARK. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to the Platforms is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to the Platforms.

g. Monitoring: We have the right, but not the obligation, to monitor Content submitted to our Platforms through an online discussion forum or chat room, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through these Platforms. Without limiting the foregoing, we have the right to remove any material that BARK, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you post to the Platforms.

h. Lobbying: Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by BARK but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.

13. Prohibited Content

By accessing the Platforms or any chat room, online discussion forum, or other service provided through our Platforms, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Platforms or any related chat room or online discussion forum to:

• Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by BARK.
• Use a name or language that BARK, in its sole discretion, deems offensive.
• Post defamatory statements.
• Post hateful or racially or ethnically objectionable Content
• Post Content which infringes another’s copyright, trademark or trade secret
• Post unsolicited advertising or unlawfully promote products or services.
• Harass, threaten or intentionally embarrass or cause distress to another person or entity.
• Impersonate another person.
• Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
• Exploit children under 18 years of age.
• Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
• Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
• Obtain unauthorized access to any computer system through the Website.
• Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
• Solicit personal information from children under 13 years of age.
• Violate any federal, state, local, or international law or regulation.
• Encourage conduct that would constitute a criminal or civil offense.

14. Minors

BARK Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.

15. Intellectual Property Rights

Unless otherwise noted, all Content contained on the Platforms is the property of BARK and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

Unless otherwise noted, all information, text, images, audio, video, data, links, software, or other material which is not posted, uploaded or otherwise provided by you (“BARK Content”) is the property of BARK or its licensors (who may be other users of our Services). BARK Content is protected by copyright, trademark, patent, trade secret and other rights of BARK and its licensors, and, as between you and BARK, BARK retains all rights in the BARK Content, the Services and the Platforms, provided that, you have a non-transferable, non-sublicensable, non-exclusive, revocable, and limited right to access and use the Services, the Platforms and BARK Content solely for your use of the Services, subject to these Terms of Service.

Proprietary Markings; No Other Licenses. You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying BARK Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the BARK Content. Nothing contained on our Platforms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services, Platforms or BARK Content or trademarks, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on our Platforms. The service marks and trademarks of BARK, including without limitation “BarkBox,” “Super Chewer,” “BarkEats,” “Bark Bright,” and the logos, service marks and trademarks used and owned by Barkbox, Inc. Any other trademarks, service marks, logos and/or trade names appearing via the Platforms are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

You may view, copy, download, and print BARK Content that is made available to you on our Platforms or through our Services, subject to the following conditions: You may only use the BARK Content for your internal informational purposes in compliance with all laws and regulations that apply to you. You may not resell or use the Services to provide services to any third party. You may not reproduce or transmit any part of our Services or the BARK Content in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose. You may not modify, alter, or prepare derivative works based on the BARK Content, or distribute copies of or publicly distribute, perform or display the BARK Content, including without limitation by posting the BARK Content on any network computer or distributing the BARK Content on or in any media, except as we may permit on a case-by-case basis. III. You may not remove copyright, trademark, and other proprietary notices from the BARK Content. Nothing contained within our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any BARK Content displayed on our Platforms, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with BARK’s prior written permission or the permission of the third party that owns the trademark or copyright of the BARK Content displayed on our Platforms.

We do not claim ownership of Content submitted by users without compensation by BARK and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.

16. Copyright Infringement; Notice and Take Down Procedures

We respect the intellectual property rights of others and require that all who use our Platforms do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to BARK’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

(a)    Your address, telephone number, and email address;
(b)    A description of the copyrighted work that you claim has been infringed;
(c)    A description of where the alleged infringing material is located;
(d)    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e)    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
(f)    A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent:
Bark Legal

Barkbox, Inc.
20 Jay Street
Suite 940
Brooklyn, NY 11201
Phone: (855) 501-2275
Email: [email protected]

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of these Platforms who are repeat infringers.

17. Security

When you register to participate in BARK services on the Platforms, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

18. Disclaimer of Warranty

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR DOG. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES.

To the fullest extent permitted by law, under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, IN BARK’S DISCRETION. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SITES ARE PROVIDED “AS IS” AND MAY BE BASED IN PART ON CONTENT PROVIDED BY USERS AND THIRD PARTIES, WHICH ARE NOT VERIFIED BY BARK. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS IS WITH THE BUYER, AS IS ANY RELIANCE ON CONTENT OBTAINED THROUGH THE USE OF THE SERVICES OR PLATFORMS. TO THE FULLEST EXTENT PERMITTED BY LAW, BARK AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY RESULTS GENERATED THROUGH THE USE OF THE PLATFORMS, SERVICES OR PRODUCTS, AND WE PROVIDE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, BARK DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THESE PLATFORMS IS TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE PLATFORMS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE PLATFORMS WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY GOODS, PRODUCTS OR SERVICES AVAILABLE ON THE PLATFORMS WILL MEET YOUR EXPECTATIONS; (iv) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THE SITES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (v) DEFECTS WILL BE CORRECTED, OR (vi) THESE PLATFORMS OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THESE TERMS OF SERVICE PROVIDE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THESE TERMS OF SERVICE DO NOT WAIVE ANY RIGHTS THAT THE LAW OF YOUR STATE DOES NOT ALLOW TO BE WAIVED. TO KNOW WHAT YOUR LEGAL RIGHTS ARE, CONSULT YOUR LOCAL OR STATE CONSUMER AFFAIRS OFFICE OR YOUR STATE’S ATTORNEY GENERAL.

19. Limitation of Liability

TO THE FULLEST EXTENT BY LAW, IN NO EVENT SHALL BARK OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, SUBSTITUTE GOODS OR SERVICES, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THIS AGREEMENT, (B) THE USE OF, OR THE INABILITY TO USE, THE PLATFORMS OR THE CONTENT, MATERIALS, INFORMATION, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE PLATFORMS, (C) YOUR PROVISION OF INFORMATION VIA THE PLATFORMS; (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE PLATFORMS; (E) ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PLATFORMS, OR (F) LOST BUSINESS OR LOST SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE BARK’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE PLATFORMS, THE SERVICES, THE CONTENT, OR ANY PRODUCT OR SERVICE WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO BARK IN THE THEN-PRIOR CALENDAR MONTH.

SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CLAIMS OR REMEDIES. THESE TERMS OF SERVICE PROVIDE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THESE TERMS OF SERVICE DO NOT WAIVE ANY RIGHTS THAT THE LAW OF YOUR STATE DOES NOT ALLOW TO BE WAIVED. TO KNOW WHAT YOUR LEGAL RIGHTS ARE, CONSULT YOUR LOCAL OR STATE CONSUMER AFFAIRS OFFICE OR YOUR STATE’S ATTORNEY GENERAL. FOR NEW JERSEY RESIDENTS:  NOTHING IN THESE TERMS OF SERVICE BARS RECOVERY OF DAMAGES OR ATTORNEYS’ FEES WHERE AUTHORIZED BY STATUTE.

20. Indemnification

By using the Platforms, our Services, or Products, you agree to indemnify, hold harmless and defend BARK and its affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of the Platforms, Services, or Products by you or any other person accessing the Platforms using your member login account.

21. Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER REMEDIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

22. Links to Third-Party Websites

The Sites may contain links to third-party websites that are provided to you as a convenience. Any outside website accessed from our Sites is independent from BARK, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such third-party websites.

In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by BARK of that third party or of any product or service provided by a third party. Likewise, a link to any third-party website does not imply that we endorse or accept any responsibility for the content or use of such a website. BARK does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through these Platforms and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

23. Termination

We may terminate any user’s monthly subscription or access to our Platforms or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms of Service, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Platforms or Services. You may terminate your account at any time through the account page on the Platform applicable to that Service, or as otherwise provided on the Platform as updated from time to time. To the fullest extent permitted by law, BARK will have no obligation to provide a refund of any amount previously paid to BARK. Upon termination of your account under these Terms of Service, all license rights granted by you to BARK shall survive termination. Even after your right to use the Services is terminated or suspended, these Terms of Service will remain enforceable as between you and us.

24. Dispute Resolution (including arbitration agreement applicable to U.S. residents/consumers)

UNITED STATES OF AMERICA RESIDENTS/CONSUMERS: PLEASE READ THIS SECTION CAREFULLY. IT MAY AFFECT YOUR AND OUR LEGAL RIGHTS.

DISPUTE RESOLUTION AGREEMENT (INCLUDING MANDATORY INFORMAL DISPUTE RESOLUTION AND ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND LIMITED 30-DAY OPT-OUT):

In the unlikely event that you or we experience an issue that cannot be resolved informally, you and we agree to the dispute resolution processes set forth below. If a dispute cannot be resolved through the mandatory informal dispute resolution process, then except as otherwise stated below, you and we agree to address the dispute through binding individual arbitration or in small claims court where you reside, rather than through a jury trial or class action. Class and representative proceedings are not allowed. In arbitration, a neutral decision maker (called an arbitrator) will hear both sides of a dispute and issue a binding decision. The procedures are streamlined in arbitration, including less discovery and appellate review, to help ensure dispute resolution is less burdensome and more cost-effective for everyone.

Unless specifically excepted in Section 24(d) below, “Dispute” shall be interpreted broadly to cover any claim or controversy arising out of, relating in any way to, or connected in any way with: (i) your use of the Platforms, Products, or Services; (ii) your purchase of any Products or Services; (iii) the advertising, marketing, sale, condition, or performance of the Platforms, Products, or Services; (iv) your personal or financial information; and (v) the terms and conditions relating to the Platforms, Products, or Services, including, but not limited to, these Terms of Service and the Privacy Policy. “Party” shall be interpreted to refer to you and us individually, and “Parties” shall refer to you and us collectively.

The terms of this Section 24 apply to all Disputes, even if the acts, omissions, or relationships giving rise to such Disputes occurred prior to this version of the Terms of Service (or such modification). But if you or we filed an arbitration, lawsuit, or other legal proceeding prior to this version of the Terms of Service (or such modification), that arbitration, lawsuit, or proceeding will continue to be governed by the version of the Terms of Service applicable when the arbitration, lawsuit, or proceeding was filed. Moreover, if we seek to remove the Dispute Resolution Agreement from these Terms of Service, such removal shall not be effective as to any arbitration, lawsuit, or other legal proceeding that was filed prior to the effective date of the removal.

a. Mandatory Informal Dispute Resolution Procedure.

If you or we intend to initiate an arbitration or small claims court proceeding, you or we must first send a fully completed notice of the Dispute (the “Notice”) to the other Party. The Notice must include: (i) name and contact information (email address, mailing/physical address, and telephone number); (ii) a description of the nature and basis of the Dispute; (iii) the specific issue; and (iv) the nature, amount, and basis of the relief sought. The Notice must be personally signed by you (if you are sending the Notice) or by a BARK representative (if we are sending the Notice), even if you or we are represented by counsel. Your Notice shall be sent by email to [email protected]. Our Notice shall be sent to the email or physical address we have on file for you.

Once the Notice is received by the other Party, you and we agree to participate and negotiate in good faith about the Dispute for sixty (60) days. This participation includes a telephone conference between you and us if it is requested by either Party. If the Dispute is not resolved within sixty (60) days after receipt of the Notice (or a longer period agreed to by the Parties), you or we may initiate an arbitration or a small claims court proceeding in accordance with this Section 24.

Neither Party may initiate an arbitration or a small claims court proceeding unless that Party has fully complied with this Section 24(a). If either Party does not comply with this Section 24(a), a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or small claims court proceeding, and, unless prohibited by law, neither the American Arbitration Association (“AAA”) nor any other arbitration administrator shall accept or administer such arbitration.

Any relevant limitations period or other similar deadline shall be tolled during the sixty (60) day Mandatory Informal Dispute Resolution Procedure, or longer if that period is extended by agreement of the Parties.

b. Class Action Waiver and Individual Relief.

You and we agree to the fullest extent permitted by law that each may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not as a plaintiff or claimant in any purported class, collective, consolidated, or representative proceeding. This means that you and we may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent of a minor, a guardian, or in another similar capacity for an individual who cannot otherwise bring their own individual claim.

The arbitrator may award 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. Further, unless you and we 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 any prohibition in these Class Action Waiver and Individual Relief provisions is found to be unenforceable with respect to a particular claim or request for relief, then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other arbitrable claims and requests for relief.

c. Small Claims.

If the Parties are not able to resolve the Dispute through the Mandatory Informal Dispute Resolution Procedure in Section 24(a), you and we agree that either Party may elect to have the Dispute heard in small claims court in the county or parish in which you reside seeking only individualized relief and so long as the Dispute falls within the jurisdictional limits of that court.

d. Mutual Arbitration Agreement.

If the Parties are not able to resolve the Dispute through the Mandatory Informal Dispute Resolution Procedure and neither Party elects to have the Dispute heard in small claims court, you and we agree that the Dispute will be resolved through binding individual arbitration, except that a court of competent jurisdiction shall have exclusive jurisdiction over the following:

• Any Dispute relating to the infringement or other misuse of intellectual property rights;
• Any Dispute that exclusively seeks declaratory or injunctive relief; and
• Any proceeding to (i) enforce the prohibition on class, collective, representative, or consolidated actions or proceedings, (ii) enjoin the filing and prosecution of arbitration demands or small claims court proceedings to enforce Sections 24(a) or 24(e), or (iii) adjudicate a Dispute over whether you effectively opted out of arbitration or adjudicate a Dispute that has been opted out.

Arbitration will be administered by the AAA and heard by a single, neutral arbitrator. Except as modified by this Section 24, the AAA will administer the arbitration in accordance with their rules applicable to the nature of the Dispute (the “AAA Rules”). The AAA Rules are available at https://www.adr.org/Rules. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Section 24, the Parties shall agree on an alternative provider to administer the arbitration consistent with the AAA Rules (as modified by this Section 24). If the Parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint a provider that will administer the arbitration consistent with the AAA Rules (as modified by this Section 24).

A Party seeking to initiate arbitration must provide the other Party with a written demand for arbitration as specified in the AAA Rules. By submitting the demand for arbitration, a Party (and their counsel if they are represented) certifies that (i) they have complied with the Mandatory Informal Dispute Resolution Procedure and (ii) the claims and the relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any sanctions available under federal or applicable state law against all appropriate persons (including counsel) as a court would.

If a Party seeks to withdraw a demand for arbitration after the appointment of an arbitrator but before a merits hearing (and the Dispute has not been settled or otherwise resolved by agreement), and the Party is represented by counsel, the arbitrator shall retain authority to consider any request by the other Party for reimbursement of arbitration fees paid or payable as of the date of the withdrawal.

The arbitrator shall issue a written award sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall not be given preclusive effect or be binding in any other proceeding involving different persons.

Any arbitration hearing will be conducted in the county or parish where you reside or at another location that is reasonably convenient to you.

e. Mass Arbitrations.

If more than twenty-five (25) claimants (including you) assert the same or similar claims against us through the same or coordinated counsel (“Mass Arbitrations”), you and we understand and agree that the additional procedures in this Section 24(e) apply and that the resolution of your Dispute might be delayed.

Stage One. Counsel for the claimants and counsel for us shall each select twelve (12) claims (per side) to be filed first and to proceed in individual arbitration proceedings as part of a staged process. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any per-claim arbitration fees (including any filing fees, case management or arbitrator appointment fees, hearing or final fees, or arbitrator compensation) be assessed in connection with those remaining claims unless and until they are filed and deemed filed as part of the agreed-upon staged process. Each arbitrator shall endeavor to issue their award within one hundred eighty (180) days after their appointment. If for any reason an arbitrator is unable to issue their award within three hundred and sixty-five (365) days after their appointment, that arbitration shall be deemed completed for purposes of the staging process. After the Stage One claims are arbitrated or otherwise deemed completed, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and we shall pay the mediation fee.

Stage Two. If your claim is not resolved after the first set of staged proceedings and the related mediation, either: (i) you or we may, separately or by agreement, opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction; or (ii) if neither you nor us elects to have your claim heard in court, then your claim may proceed in an individual arbitration simultaneously with any other remaining claims in their respective individual arbitrations.

Any relevant limitations period or other similar deadline shall be tolled for claims subject to these additional procedures that apply to Mass Arbitrations from the time that Notice of the Disputes is provided under Section 24(a) above, until the time the claims are selected for a staged arbitration process, withdrawn, opted out of arbitration, or otherwise resolved.

A court of competent jurisdiction shall have the authority to enjoin the filing and prosecution of arbitration demands to enforce the provisions in this Section 24(e).

f. Arbitration Fees.

All arbitration fees shall be determined by the AAA Rules as modified by this Dispute Resolution Agreement. If your Dispute is for less than $5,000 and is not part of a Mass Arbitration as set forth in Section 24(e) above, we shall reimburse your portion of the arbitration fees unless an arbitrator determines that your Dispute was frivolous or brought in bad faith.

g. Opt Out.

You have the right to opt out and not be bound by the Dispute Resolution Agreement in this Section 24 by sending written notice of your decision to opt out to the following email address: [email protected], using the subject line “Arbitration Opt-Out.” The notice must state that you do not agree to the Dispute Resolution Agreement in the Terms of Service and must identify your name, mailing/physical address, email address, telephone number, and any BARK Services to which you subscribe. The notice must be sent within 30 days of the date on which you first used the Platforms, Products, or Services (or if you already used the Platforms, Products, or Services at the time this version of the Terms of Service and this Section 24 became effective, then within 30 days following the Effective Date); otherwise, you shall be bound to arbitrate disputes in accordance with the provisions of this Section 24. Opting out of the Dispute Resolution Agreement will not affect in any way the benefits to which you would otherwise be entitled.

h. Application of Federal Arbitration Act and Jury Trial Waiver.

You and we agree that the Terms of Service and this Dispute Resolution Agreement evidence a transaction in interstate commerce and that the Federal Arbitration Act (9 U.S.C. § 1, et seq.) applies. To the fullest extent permitted by law, you and we agree to waive the right to a jury trial.

i. Survival.

This Section 24 shall survive termination of your relationship with us, including, but not limited to, termination of your use of any Platforms, Products, or Services.

25. Severability

To the extent you are located in the United States, if any provisions of these Terms of Service are not permitted by applicable law or regulation, those provisions shall be of no force or effect as between you and BARK. If any part of these Terms of Service is otherwise held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and BARK.

26. Entire Agreement

These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

For Additional Information

If you have any questions about these Terms of Service, please contact [email protected].

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