Welcome to Bark & Co! By using or accessing the Bark & Co family of websites (collectively, “Bark & Co”, “our” or “we”), including without limitation BarkBox (located at www.barkbox.com), BarkPost (located at www.barkpost.com), BarkShop (located at www.barkshop.com) and BarkBuddy (www.barkbuddy.com) (the “Sites”), as well as any downloadable applications that Bark & Co makes available, including without limitation BarkBuddy, BarkPost and BarkCam (the “Apps”), and any social media accounts maintained by Bark & Co, including without limitation on Facebook, Twitter and Instagram (“Social” and, together with the Apps and the Sites, the “Platforms”; any services available through or in connection with the Platforms, the “Services”), you indicate your unconditional acceptance of the following Terms of Service on your own behalf and on behalf of any organization you represent. Throughout these Terms of Service, “you” or “your” refer to you and the organization, if any, that you represent. Please read these Terms of Service carefully, as they may have changed since your last visit. 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 subscriptions to the Services which are then in effect until the expiration or termination of such subscription. These Terms of Service apply to all Bark & Co’s services and features unless otherwise indicated.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND Bark & Co. FURTHER, THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND Bark & Co ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 21 “AGREEMENT TO ARBITRATE”).
1. Scope of Service.
Bark & Co maintains the Platforms, and provides Services, as a service to the user community that visits the Sites and downloads the Apps subject to these Terms of Service and to purchasers of our products through our Services.
You are responsible for obtaining any equipment and Internet service necessary to access our Platforms and Services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue any of the Platforms and/or our Services, in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Platforms and/or Services, for some or all users, from time to time. The Platforms may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
b. Acknowledgement to Receive Email or Push Notifications. As a registered user of Bark & Co’s Services, you agree to receive emails from us regarding our Services. We may from time to time send you push notifications or email messages with information about upcoming events, or information about our service offerings from us and our partners. You may opt-out from receiving correspondence from us by emailing [email protected] or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
3. Products; Shipping; Returns.
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 (in the case of BarkBox). 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 BarkBox, the selection of items that may be included in your dog’s monthly delivery is subject to change. Accordingly, BarkBox cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.
c. 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 & Co within thirty (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. For additional information please refer to our shipping, return and exchange policies stated on the FAQ page for the Platform in which you purchased the product (“Shipping, Return and Exchange Policy”), if any.
i. If a product is defective, you may return it within thirty (30) days of your receipt of the product and we will send you a new item or credit your account for future purchases. No returns of defective products will be accepted after thirty (30) days of receipt. Please note, in the case of a monthly subscription such as BarkBox, credits resulting from the monthly charge are only available up to thirty (30) days past the date of the charge.
ii. When returning products, it is your responsibility to take reasonable care to see that the products are not damaged in transit and are received by us at our address as displayed on the Platform in which you purchased such product.
iii. All refunds and exchanges are at the sole discretion of Bark & Co, and subject to any applicable Shipping, Return and Exchange Policy.
e. Purchase Price. The purchase prices for all products shall be as set forth on the applicable Platform at the time of your order. Those purchase prices are in addition to any subscription fees that may apply to our Services from time to time, as described under “Subscriptions; Payments” below.
4. Subscriptions; Payments.
a. Subscription and Fees. We may make available the Services, including monthly BarkBox 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 & Co 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. If you have committed to a Service subscription period lasting longer than one month (e.g., a six month plan, a twelve month plan), you will automatically be charged each month during that subscription period, even if you have cancelled your subscription or membership prior to the end of that subscription period. Further, unless you cancel your subscription or membership prior to the end of your then-current subscription period, at the end of that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time. You may cancel your subscription as provided on the Platform applicable to that Service from time to time (see “Termination” and “Subscription Cancellation Policy” below). We may refuse to renew any subscription in our sole discretion.
b. Payment. You agree that Bark & Co may charge your payment method for any services, 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 & CO 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. 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.
d. Refunds. Other than an expressly set forth under “Products; Shipping; Returns” above or on our Platforms as updated from time to time, Bark & Co has no obligation to provide refunds or credits, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Bark & Co, in each case in Bark & Co’s sole discretion.
5. User Content.
a. Submitted Content. Certain of our Platforms and Services enable users to load additional information onto our Platforms which can be made accessible to other users, Clients 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. If you choose to provide information or User Content to use, register for or participate in a service, event, or promotion on our Platforms, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
b. Ownership of Content. Bark & Co does not claim ownership of any User Content. By submitting such User Content, however, you hereby grant Bark & Co the right to copy, store and make that User Content available to other users in connection with your use of our Platforms and our Services, and to otherwise use such User Content online (including web, mobile and email) and in print, film and broadcast media. When you make available the User Content to users of our Platforms or Services, you provide all such recipients a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use such User Content. This license shall remain in effect until we delete the User Content from our systems.
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 & Co 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. Monitoring. We have the right, but not the obligation, to monitor User Content submitted to our Platforms, 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 through our Platforms or Services. Without limiting the foregoing, we have the right to remove any material that Bark & Co, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the User Content that you post to our Platforms.
e. Required Disclosures. You acknowledge and agree that Bark & Co 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 & Co, its representatives and/or agents, its users or the public.
f. Liability. We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in User Content submitted for public display through our Platforms, such as through an online discussion forum. We do not pre-screen information posted to online discussion forums, if any. With respect to such forums, we are acting as a passive conduit for such distribution and are not responsible for User Content. Any opinions, advice, statements, services, offers, or other information in User Content expressed or made available by users of an online discussion forum are those of the respective author(s) or distributor(s) and not of Bark & Co. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User Content. You are responsible for ensuring that User 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 User Content to the Platforms.
g. 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 & Co, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
6. Intellectual Property; Restricted License.
a. Ownership of Content on our Platforms. 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 & Co Content”) is the property of Bark & Co or its licensors (who may be other users of our Services). Bark & Co Content is protected by copyright, trademark, patent, trade secret and other rights of Bark & Co and its licensors, and, as between you and Bark & Co, Bark & Co retains all rights in the Bark & Co 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 & Co Content solely for your use of the Services, subject to these Terms of Service. Product names are trademarks or registered trademarks of their respective owners.
b. 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 & Co 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 & Co 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 & Co 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 & Co, including without limitation “BarkBox” and the BarkBox logos, are service marks 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.
c. Bark & Co Content Provided “AS IS”. The Bark & Co Content may contain typographical errors, other inadvertent errors, or inaccuracies. Bark & Co reserves 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.
d. Permitted Use of Bark & Co Content. You may view, copy, download, and print Bark & Co Content that is made available to you on our Platforms or through our Services, subject to the following conditions:
i. You may only use the Bark & Co 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 & Co Content in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
ii. You may not modify, alter, or prepare derivative works based on the Bark & Co Content, or distribute copies of or publicly distribute, perform or display the Bark & Co Content, including without limitation by posting the Bark & Co Content on any network computer or distributing the Bark & Co 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 & Co 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 & Co 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 & Co’s prior written permission or the permission of the third party that owns the trademark or copyright of the Bark & Co Content displayed on our Platforms.
7. Copyright Infringement; Notice and Take Down Procedures
If you believe that any content on our Platforms infringes your copyright, you may request that such content be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:
i. identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work;
ii. identification of the content that you believe to be infringing and its location, including a description of the content, and its Platform location or other pertinent information that will help Bark & Co to locate such content;
iii. your name, address, telephone number and email address;
iv. a statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent, or the law;
v. a statement that the information in your claim is accurate; and
vi. a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf.
Bark & Co’s notice address for copyright issues relating to our Services is: 221 Canal Street, Floor 6, New York, New York 10013, Attn: Copyright Agent. In an effort to protect the rights of copyright owners, Bark & Co maintains a policy for the termination, in appropriate circumstances, of users of our Services who are repeat infringers.
8. Advertising Affiliate Programs; Product Descriptions; Third Party Links.
We will provide certain information or descriptions about third party products or services (collectively “Product Descriptions”) that we prepare or that we obtain from independent third parties, such as from third party vendors. We do not warrant that Product Descriptions or any prices that are referenced are accurate, complete, reliable, current or error-free. Your rights with respect to third party products and services are solely as provided by such third party in the documentation accompanying such products and services, except as expressly set forth in these Terms of Service. You agree that Bark & Co is not liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Product Descriptions or other Bark & Co Content, or for any decision made or action taken by you relying upon the Product Descriptions or other Bark & Co Content.
Our Platforms may provide you with the ability to link to external sites, or download content from third party sites, from time to time. Such external links on our Platforms will lead to other websites, including advertised products or content sold or otherwise made available by outside vendors and companies. We provide any such links as a convenience to you. We are not liable for the content, goods, services, advertising, or other materials found on any external websites. Although we may display ads and may have an affiliate referral relationship with third parties, we do not own or control outside companies selling products accessed through our Platforms, and are not responsible or liable for their company policies or the quality of their merchandise or services. Before buying anything, users are advised to carefully investigate the individual company policies of all online purchases that they intend to make. Any logo of a third party used on the Platforms is a trademark of such third party or its affiliates.
By using our Platforms or Services or purchasing products through our Platforms or Services, you agree to indemnify, hold harmless and defend Bark & Co 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 the use of the Platforms or Services or such products by you or any other person accessing the Platforms with your Login Credentials, and from any User Content that you submit and/or is submitted through your Login Credentials for use in connection with the Platforms or Services.
10. Prohibited Conduct.
By accessing our Services or any portion of our Platforms, including any online discussion forum, 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 Services, Platforms or any related online discussion forum to:
a. Transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Bark & Co.
b. Submit User Content you know is false, misleading, untruthful, or inaccurate.
c. Engage in commercial activities on our Platforms or using our Services without Bark & Co’s prior approval.
d. Use a name or language that Bark & Co, in its sole discretion, deems offensive.
e. Utilize any automated means, including without limitation web spidering, to obtain content from the Platforms.
f. Post defamatory statements or hateful or racially or ethnically objectionable User Content.
g. Post User Content which infringes another’s copyright, trademark or trade secret.
h. Post unsolicited advertising or unlawfully promote products or services.
i. Harass, threaten or intentionally embarrass or cause distress to another person or entity.
j. Impersonate another person.
k. Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
l. Exploit children under 18 years of age.
m. Engage in disruptive activity such as sending multiple messages in an effort to monopolize any forum made available through the Platform or Services.
n. Introduce viruses, worms, Trojan horses and/or harmful code to the Platforms.
o. Obtain unauthorized access to any computer system through the Platforms.
p. 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).
q. Solicit personal information from children under 13 years of age.
r. Violate any federal, state, local, or international law or regulation.
s. Encourage conduct that would constitute a criminal or civil offense.
11. Disclaimer of Warranty.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Bark & Co Content, the Platforms or our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Platforms and Services.
YOUR USE OF THE PLATFORMS, SERVICES, ANY PRODUCTS SUPPLIED AND ANY BARK & CO CONTENT IS ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE PLATFORMS, THE BARK & CO CONTENT, ALL PRODUCTS SUPPLIED, AND ALL SERVICES, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE PLATFORMS OR SERVICES ARE PROVIDED “AS IS” AND MAY BE BASED IN PART ON CONTENT PROVIDED BY USERS AND THIRD PARTIES, WHICH ARE NOT VERIFIED BY BARK & CO, AND THAT ANY RESUME OR OTHER CONTENT OBTAINED THROUGH THE USE OF THE SERVICES OR PLATFORMS IS AT YOUR SOLE RISK AND DISCRETION. BARK & CO AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY RESULTS GENERATED THROUGH THE USE OF THE PLATFORMS, SERVICES OR PRODUCTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE LAWS OF THE STATE OF NEW YORK, 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, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, BARK & CO DOES NOT WARRANT THAT: (I) THE BARK & CO CONTENT AND INFORMATION AVAILABLE THROUGH OUR PLATFORMS AND SERVICES IS FREE OF ERRORS; (II) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THE PLATFORMS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE, (IV) DEFECTS WILL BE CORRECTED, OR (V) THE PLATFORMS OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER BARK & CO NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN USERS. BARK & CO AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
IF YOU ACCESS BARKBUDDY PLATFORMS, YOU ACKNOWLEDGE THAT BARK & CO AND ITS AFFILIATES ACCEPT NO RESPONSIBILITY FOR DAMAGE OR INJURY CAUSED BY ANY DOG ADOPTED, NOR DO THEY MAKE ANY REPRESENTATION OR GUARANTEE AS TO THE PRESENT OR FUTURE MEDICAL CONDITION OR TEMPERAMENT OF ANY DOG, OR AS TO THE FITNESS OF ANY POTENTIAL ADOPTER. ANY DOG MAY BE PRONE TO MEDICAL, BEHAVIORAL OR GENETIC CONDITIONS NOT READILY EVIDENT. ALL TREATMENT AND CARE OF AN ADOPTED DOG THAT OCCURS AFTER THE DATE OF ADOPTION SHALL BE THE SOLE RESPONSIBILITY OF THE ADOPTER.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE PRODUCTS MADE AVAILABLE THROUGH OUR PLATFORMS AND SERVICES. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS MADE AVAILABLE THROUGH OUR PLATFORMS AND SERVICES ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR DOG. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES OR SAFETY FOR A PARTICULAR DOG. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR, IN THE CASE OF A PRODUCT MADE AVAILABLE THROUGH BARKBOX, IN BARKBOX’S DISCRETION, A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT.
12. Limitation of Liability.
a. Disclaimer. IN NO EVENT SHALL BARK & CO OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES BE LIABLE TO ANY USER OF OUR PLATFORMS OR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PLATFORMS OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
b. Limitation. BARK & CO’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OF SERVICE, THE PLATFORMS, THE SERVICES, ANY PRODUCTS SUPPLIED OR THE BARK & CO CONTENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (I) $1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO BARK & CO FOR THE SERVICES, IF ANY, IN THE THEN-PRIOR CALENDAR MONTH.
c. Waiver of Class Action. ANY CLAIMS BROUGHT BY YOU OR BARK & CO MUST BE BROUGHT IN THAT PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
d. Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Disputes; Release.
Neither Bark & Co nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the Platforms or Services. Bark & Co expressly disclaims any liability or claims that may arise between users of our Platforms or Services or between users of our Platforms or Services and third party vendors. You are solely responsible for your interactions with all other users and for your interactions with third party vendors and any disputes that arise from those interactions with other users or third party vendors. Bark & Co may monitor disputes between users, but is not obligated to monitor, mediate, or resolve such disputes.
Because Bark & Co is not responsible for or involved in any contact between users or between users and third party vendors, in the event that you have a dispute with one or more users or third party vendors, you hereby release Bark & Co (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
14. No Implied Endorsements.
In no event shall any reference to any third party or third party product, content or service be construed as an approval or endorsement by Bark & Co of that third party or of any product, content or service provided by a third party. Likewise, a link (including without limitation external websites that are framed by the Platforms as well as any advertisements displayed in connection therewith) 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 & Co does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum accessible through the 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.
Our Platforms and 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. We do not knowingly solicit personal information regarding children under age 18.
16. Jurisdictional Issues.
We may terminate any user’s access to our Services, 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 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. Bark & Co will have no obligation to provide a refund of any amounts previously paid to Bark & Co. Upon termination of your account under these Terms of Service, all license rights granted by you to Bark & Co shall survive termination. Even after your right to use the Services is terminated or suspended, these Terms of Service will remain enforceable against you.
18. Subscription Cancellation Policy.
IF YOU HAVE COMMITTED TO A SUBSCRIPTION SERVICE, 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 login 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. 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.
19. Unsolicited Ideas and Feedback.
While we welcome your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If you send us feedback, ideas, or suggestions (collectively, “unsolicited ideas”), you agree that: (1) your unsolicited ideas become the property of Bark & Co and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) Bark & Co may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for Bark & Co to review your unsolicited ideas; and (5) Bark & Co has no obligation to keep any unsolicited ideas confidential.
20. Governing Law.
These Terms of Service, and any dispute between you and Bark & Co, shall be governed by the laws of the State of New York without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration. Unless you and we agree otherwise, in the event that Section 2 of the Federal Arbitration Act is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and the Bark & Co must be resolved exclusively by a state or federal court located in the State of New York, except that you or we are permitted to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure. Except for such small claims court exceptions, you and Bark & Co agree to submit to the personal jurisdiction of the courts located within the State of New York for the purpose of litigating all such claims or disputes. You and Bark & Co agree to waive trial by jury in any court proceeding.
21. Agreement to Arbitrate.
You may opt out of this Agreement To Arbitrate. If you do so, neither you nor Bark & Co can require the other to participate in an arbitration proceeding. To opt out, you must notify Bark & Co in writing within thirty (30) days of the date that you first accepted, agreed to or became subject to these Terms of Service containing this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your Bark & Co account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:
Bark & Co
ATTN: Arbitration Opt-out
221 Canal Street, Floor 2
New York, New York 10013
Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to the arbitration procedures set forth herein (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Bark & Co prior to the effective date of the change. Moreover, if we seek to terminate the arbitration procedures from these Terms of Service, such termination shall not be effective until thirty (30) days after the version of these Terms of Service not containing the arbitration procedures is posted to the Platforms, and shall not be effective as to any claim that was filed in a legal proceeding against Bark & Co prior to the effective date of removal.
This Arbitration section will survive the termination of your relationship with Bark & Co.
a. Severability. If any part of these Terms of Service is 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.
b. Entire Agreement. These Terms of Service constitute the entire agreement between, or, as appropriate, among, the parties relating to the subject matter herein. Bark & Co may, at Bark & Co’s sole discretion, revise these Terms of Service at any time by updating this posting.
c. Additional Information. If you have any questions about these Terms of Service, please contact Bark & Co at [email protected]
Copyright © 2017, Barkbox, Inc. All Rights Reserved.
Version: July 12, 2017