General Rules

BarkBuildings, LLC. (“Bark”) owns and operates www.barkbuildings.com (the “Website”), a public-facing website, through which it makes services available to dog owners. Bark also utilizes a 3rd party software (the “Scheduling Software”), which it’s customers will be given access to and can use to manage their service schedule, view and pay invoices, communicate with the Bark team, and for other purposes. These Terms of Service and General Conditions (“Terms of Service”) govern your use of the Website and our services, which also are subject to our Privacy Policy (available for review on the Website) and to all applicable laws and regulations.

The Website utilizes software applications that facilitate the scheduling, management and performance of services for dog owners (collectively, the “Services”). By clicking the completing the registration process, browsing the Website and/or contracting for any of the Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them, If not, you are not authorized to use the Website or any of the Services and, without delay, shall discontinue the use thereof.

Bark reserves the right to terminate access to the Website for any reason, and to take any other actions that Bark, in its sole discretion, believes to be in the interest of Bark and some or all of its users and customers. Bark reserves the right to modify these Terms of Service, without advance notice.

These Terms of Service constitute a binding contract between Bark and you, which you accept by accessing the Website. As a material condition of your access to and use of the Website and any Service, you represent and warrant that (1) you are of legal age to enter into a binding legal contract with Bark, (2) you have the authority to enter into these Terms of Service personally or on behalf of the person or company you represent, and (3) you have provided accurate and complete information in your communication with Bark.

If you do not agree to the Terms of Service or cannot make the representations in (1), (2) or (3) above, then you are not authorized to use the Website or any of the Services and, without delay, shall discontinue the use thereof.
Bark reserves the right to limit the availability of the Website and/or the Services, in whole or in part, to any person, for any purpose, and to any geographic area or jurisdiction Bark chooses, at any time and in its sole discretion.

The Services

Locations – We provide the Services only to dog owners residing within certain zip codes and in specific apartment buildings and complexes. Please contact us to determine if provide Services to your address.

Scheduling – All of the Services that you intend to book through the Scheduling Software must be scheduled before 5pm on the previous day. Any Services scheduled after 5pm on the previous day must be requested by texting our hotline at (844) 822-3647. All information requested on the booking page and the Customer Registration Form must be filled out completely and accurately. Bark reserves the right to deny or terminate your access to the Website and/or the Services if it is determined that incomplete, incorrect, or fraudulent information was provided.

Service Hours – Services are available seven days a week from 8:00 AM to 8:00 PM Eastern Standard Time, weather permitting.

Meet and Greet – Bark requires a Phone and In-Person Meet and Greet when you first join our Website. Each meet and greet will be with one of the Pet Care Service Providers (“PCSP’s”) employed by Bark, so that you can communicate important details about your service requirements to Bark and your dog and the PCSP have a chance to meet and make sure they are comfortable with one another.  Meet and Greets are complimentary, and generally last about twenty (20) minutes. Bark reserves the right to refuse and/or terminate any paid Services for any reason after the Phone or In Person Meet and Greet including, but not limited to, aggressive behavior exhibited during the Meet and Greet, and/or a history of aggressive behavior towards humans or other dogs.

Assignment of Pet Care Service Providers – Bark assigns PCSP’s that are specifically dedicated to caring for all pets in your apartment building/complex. Each apartment building/complex also has backup associates that are available to care for pets in the event that one of the primary PCSP’s are not available or there are too many services for one PCSP to complete on their own within the time restraints. If your services are scheduled for recurring days, Bark will do it’s best to ensure they be handled by the same PCSP.

Cancelling a Service – All cancellations must be communicated to us via the Scheduling Software, email, or text by 5pm on the day before your scheduled service. For in home sitting services, all cancellations must be communicated to us via the Scheduling Software, email, or text at least 72 hours before the start time of your scheduled in home sitting. Failure to provide notice as outlined in this paragraph will result in your Account (and credit card) being charged for the Service, as follows: appointments that are cancelled after 5pm on the previous day will be charged a $10 fee; appointments canceled on the same day of the service will be charged in full; in home sitting appointments that are cancelled less than 72 hours before their scheduled start time will be charged a $20 fee; in home sitting appointments that are cancelled less than 72 hours before their scheduled start time will be charged in full.

Holidays – On the holidays listed below, a $20 holiday fee will be applied on all in home sitting services and a $10 holiday fee will be applied on all other services. Observed holidays include: Easter Sunday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving (Black Friday), Christmas Eve, Christmas Day, New Year’s Eve (only from 6pm onwards), and New Year’s Day.

Pick-Up, Drop-Off & Keys – Before scheduling your first service with Bark, you are required to provide them with access to your apartment. You may do this by providing a duplicate key that will be kept in Bark’s possession until you permanently cancel Services with Bark. In select buildings, Bark may provide you with a Key Release that you can sign and grant permission for your building manager to provide Bark with a key directly. If you would like to permanently cancel services with Bark, you must submit a formal request to have your key returned to you or your building manager.  In any event, you must make sure that our PCSP has access to you and/or your premises for pick-up and drop-off. Bark takes reasonable measures to protect the security of all keys provided by you to Bark. EXCEPT AS OTHERWISE STATED HEREIN, AND EXCEPT FOR CASES OF GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, BARK HEREBY DISCLAIMS ALL WARRANTIES, RESPONSIBILITIES AND LIABILITIES ARISING FROM OR RELATED TO LOST KEYS, ANY UNAUTHORIZED USE OF OR ACCESS TO YOUR KEYS OR IMPROPER LOCKING OF YOUR RESIDENCE.

Delays – If a PCSP is unable to begin a paid Service event due to his or her inability to access your dog, and this delay lasts more than ten (10) minutes, then the PCSP reserves the right to cancel the paid Service. In such an event, you still are responsible for payment of the full price for the scheduled Service and no refund will be provided.

Inclement Weather – Bark reserves the right to cancel or reduce the length of any Service due to inclement weather rendering the Service impractical or unsafe for your dog or our PCSP. No refunds will be issued under these circumstances.

Timing of Service Events – Scheduling of any of the Services is done by selecting a two (2) hour block of time in which you would like the Service to begin. All parties understand and specifically agree that Bark can provide the Service at any time within that two (2) hour window.

Vaccinations; Flea and Tick Protection – Prior to scheduling any of the Services, your dog is required to have been fully vaccinated (including distemper, parvo, rabies and bordetella) and, upon request, you will provide Bark with proof thereof from your veterinarian. Additionally, you acknowledge that it is your responsibility to assure that your dog continues to be fully vaccinated and that Bark reserves the right to refuse and/or discontinue any paid Service if it is determined that your dog is not fully vaccinated.

You understand that your dog must have flea protection in the form of a topical liquid such as K9 Advantix, Advantage or Frontline, and that flea collars are not acceptable. Your dog will be inspected for fleas prior to a paid Service, and may be refused the paid Service if fleas are found. Your further acknowledge that Bark is not responsible or liable if your dog contracts fleas during a paid Service.

Harness & Leash – It is your responsibility to provide a collar/harness for your dog for use during the Service. If Bark arrives to provide the paid Service and your dog does not have a suitable collar/harness, you may be charged for that Service, even if the Service is not provided. Additionally, in the event that a Service includes leash-free activity (that has been disclosed to you as a part of the description of the Service), you understand that this will provide your dog the opportunity to play in close physical contact with other dogs, including with their teeth and paws, and you acknowledge that no amount of supervision or personalized care by Bark, its agents or employees or PCSPs, can prevent the possibility of your dog’s collar/harness becoming damaged or destroyed.

Feeding – Feeding of your dog is available at no additional fee, with the exception of group services (i.e. social walks and play dates). All feedings will be included in the time of the Service. If you request a feeding as a part of the paid Service, you specifically agree to the following:

i. You are required to provide all food at your own cost, and make the food easily available to the PCSP;

ii. You are solely responsible and liable for the choice of food, as well as the portion given to your dog. You are also responsible for providing the PCSP with instructions as to how and when feeding should take place as well as any other food-specific instructions or requirements; and

iii. Neither Bark nor the PCSP is in any way liable or responsible for any failure to feed your dog or any damage or harm that may be suffered if your dog is fed. You agree to hold Bark and the PCSP harmless, and expressly release Bark and the PCSP, from any and all liability arising from feeding, or not feeding, your dog.

Pictures, Video & Images – By contracting for any of the Services, you agree to allow Bark to take photos, videos and/or images of your dog. Bark owns all photos, videos and/or images taken by Bark and you expressly agree that Bark may use these photos, videos and/or images for any purpose whatsoever, including display and/or use on the Website and in other promotional materials, including, but not limited to, social media. Bark also reserves the right to share all such photos, videos and/or images with the apartment building/complex owner and management where the dog resides to be used on their Website and/or in other promotional materials, including, but not limited to, social media.

Pet Advice – Bark does not warrant any information or advice that may be provided by Bark or one of the PCSP’s with respect to your dog. Specific questions about medical conditions or care for your dog should be obtained by you from your veterinarian or other qualified pet-care professional.

Our PCSPs – Each of our PCSP’s undergoes a formal screening process, including a background check. In addition, all we maintain general liability and property damage insurance covering the activities of our PCSP’s. This coverage may not be extensive enough as to scope or amount to cover every loss you may suffer arising out of, in connection with or by reason of any paid Service or the actions or inactions of any PCSP.

Pricing and Payment for Services

Bark offers a variety of services for your dog. All of the current Services and pricing are displayed on our Website, and are subject to change without notice at any time.

Payments for any of the Services must be made via the Scheduling Software. No other direct payments to PCSP’s or other agents of Bark will be accepted. While Bark may keep some of your personal account information, including names, email addresses, messages, images and other similar data on its servers, Bark does not keep your credit card or other financial information on its servers. All of your financial information is kept and managed by third party payment vendors used by the Scheduling Software. Accordingly, Bark will not be responsible or otherwise liable for the action or lack of action, or the privacy or other practices of such third party vendors.

Billing to your account will generally occur each Sunday, at which time you will be charged for all services received during the past 7 days. You agree to pay for all Services that you purchase through the Scheduling Software, and you agree that Bark may charge your selected payment method for any such payment(s).

Bark shall assure that any third party vendors handling credit card processing pursuant to these Terms of Service (e.g., PayPal) shall adhere to the Payment Card Industry Data Security Standards (“PCI Standards”). In connection therewith, Bark shall require that any such vendor who receives, maintains, stores, handles, protects, transports or transmits credit card numbers and associated personal information (“User Credit Card Information”) (i) may only use such User Credit Card Information for assisting in completing card transactions, for providing fraud control services, or for uses required by applicable law, and (ii) shall perform customary assessments of its systems and procedures on an on-going basis, and if such assessment reveals any non-compliance with the PCI Standards, it shall take actions to cure such non-compliance.

You are responsible for paying any governmental taxes imposed on your use of the Services, including, but not limited to, sales, use or value-added taxes. To the extent Bark is obligated to collect such taxes, the applicable tax will be added to your charges/payment.
Bark may choose to temporarily change the fees or offer introductory fees for the Services for promotional events or new services to some or all of its users, but shall not be required to make all such pricing available to all of its existing users.

If you want to change any of your billing information, including your credit card information, you may edit your information in the Scheduling Software. It is your responsibility to keep your contact information and payment information current and updated. Bark reserves the right to suspend or terminate your access to the Services and/or the Scheduling Software and Website without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Bark when Bark believes you are liable for the charges.

Your account will continue in effect unless and until you cancel your account or Bark terminates it. You may cancel your account at any time, and cancellation will be effective immediately. If you wish to cancel your account, you may do by submitting a written request via, text, email, or the Scheduling Software.

Your Dog

Bark is committed to protecting the health and physical safety of your dog and other dogs during the period while we are providing the paid Service(s). Accordingly, you warrant that, to your knowledge, your dog is free from contagious health conditions, is free of physical conditions that would present a risk to your dog or other dogs during the period of the paid Service(s), and has not and does not exhibit any type of aggressive behavior that would present a risk to your dog or other dogs during the period of the paid Service(s).

Prior to participating in any group services each dog is required to have at least 3 one-on-one services so we may assess them, determine other dogs that are a good fit for them to be grouped with, and properly introduce them to other dogs they will be grouped with. Additionally, Bark requires all dogs over 6 months old to be spayed/neutered to participate in playdates and group walks, but Bark is happy to provide solo services to intact dogs.

Bark reserves the right to refuse admittance to any dog that displays signs of untreated or potentially contagious conditions, demonstrates aggressive behavior, or who fails Bark’s standard health and temperament policies.

Bark expressly reserves the right, in its sole discretion, and without liability to you to any right on your part to receive any refund of payment, to remove your dog from a paid Service should Bark deem it necessary for the safety of your dog, Bark’s employees, or other dogs within the care of Bark. However, prior to removing your dog from a paid Service, Bark will use reasonable efforts to contact you using the emergency contact you provided. In such event, if Bark is not able to contact you or the emergency contact, Bark will use its reasonable judgment to determine whether to redeliver the dog to you, find alternative care (emergency, veterinary or otherwise) until you are able to retrieve your dog. You authorize your dog’s veterinarian(s) to release your dog’s veterinary records to Bark in connection with any emergency or other relocation of your dog.

Emergencies

Required Account information includes contact information where you or another contact can be reached in the event unplanned medical care for your dog becomes necessary. Bark agrees to contact you and/or your emergency contact reasonably promptly (under the circumstances) in the event such care becomes necessary.

You hereby authorize Bark and its employees to obtain and authorize the provision of veterinary care for your dog if you cannot be reached to authorize care yourself in an emergency situation. In such case, you also authorize your dog’s veterinarian(s) to release your dog’s veterinary records to Bark. In the case of an emergency, you are solely responsible for the costs of any such medical treatment for your dog and you hereby authorize Bark to charge your Account (and credit card or other payment method) for such costs.

For further details regarding the Services, please refer to the FAQs page.

CONSENT AND RELEASE AND WAIVER OF LIABILITY

Consent:

I hereby consent to my dog’s participation in all supervised activities related to the Service(s) to be provided for my dog, which may include grouped activities. I acknowledge and agree that BarkBuildings, LLC. (“Bark”) reserves the right to determine whether or not such grouped activities are appropriate for my dog and to exclude my dog from such grouped activities when Bark determines it is in the interest of Bark, my dog or other dogs to do so.

In the event of an emergency requiring medical treatment for my dog, determined in the reasonable judgment of Bark, I hereby authorize Bark and its employees, and drivers, hospitals, licensed veterinary medicine providers, and their agents and employees to have access to the information contained in this form and to provide all medical care, routine tests, treatment, and necessary transportation advisable for the health and safety of my dog. This authorization includes the authority to consent to any x-ray examinations, anesthetic, medical procedure or treatment, and hospital care under the supervision, and upon the advice of or to be rendered by, a licensed veterinarian. While Bark will endeavor to have emergency medical treatment provided by the dog’s veterinarian, it is understood and agreed that the emergency may require medical care from the most readily available veterinary facility and if, in the reasonable judgment of Bark, such medical care is to be so provided, I consent to the same.

Release and Waiver of Liability:

I understand that attendance by my dog(s) to Bark Services sometimes involves group play or walking with other dogs. Although Bark staff will closely supervise all participants, I accept that play behavior, unknown or undocumented aggression, or participation in routine daily activities can lead to altercations and injuries. I assume the risks of, and responsibility for, the costs to treat any injuries my dog(s) sustains while playing at this facility. I further understand and accept that the owners and staff will not be held liable for any injuries or deaths related to my dogs’ participation in Bark Services.

In the event my dog contracts a communicable disease during the time he/she participates in Bark Services, I accept responsibility for the costs of all treatments. I also agree to withhold my dog(s) from participating in Bark Services until he/she has been free of any signs of communicable disease for at least 14 days. Although the risk of acquiring communicable diseases is small, I accept the risk, and agree to hold Bark harmless from expenses incurred for treatment.

I fully understand, and will not hold Bark, any of its agents, assigns, employees, or volunteers liable for any accidents, injuries, or any other unforeseen harms incurred at any time while my dog is participating in activities related to the paid or free Services, except in the case of gross negligence.

I have read this consent and understand that some risk always exists when groups of dogs are allowed to intermingle. I have discussed my concerns about such risks with Bark and have had my questions answered to my satisfaction.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Website, and you agree not to engage in unacceptable use of the Website, which includes, without limitation, use of the Website to:

  • harm or threaten to harm, bully, intimidate or harass users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
  • post or transmit or process through the Website any content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, violent, sexually suggestive, illegal, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
  • collect, use, process or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others or access the Website using any automated means without our prior permission;
  • impersonate any person or entity (including the Website agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Website for such purpose;
  • upload viruses or other malicious code to the Website;
  • solicit login information or access an account belonging to someone else;
  • disseminate, store, process or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
  • violate any law (whether local, state, national, or international), whether or not intentionally, or is misleading, malicious or discriminatory;
  • forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Website, or servers or networks connected to the Website; or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
  • post any content related to partisan political campaigning or fundraising;
  • express or imply that any statements you make are endorsed by us;
  • modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or determine any source code, algorithms, methods, or techniques of the Website or the Services;
  • obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Website or the contents (except as expressly permitted by Bark);
  • interfere with, damage, or disrupt the operation or any security-related features of the Website or its services, gain unauthorized access, or restrict or inhibit use by others;
  • use any robot, spider, or other system, device or mechanism to access the Website or utilize the services, likely to disrupt or disable or destroy the Services or any content;
  • remove any copyright, trademark, confidentiality notices, designations, marks or other proprietary rights notices appearing on the Website or content without the prior written consent from Bark;
  • modify, translate, adapt, arrange, or create derivative works of the services, except as permitted in these Terms of Service;
  • use domain names or web URLs in your username without prior written consent from Bark;
  • share your password or let anyone else access your account, or do anything that may jeopardize the security of your account;
  • “frame” or “mirror” any part of the Website; or
  • engage in any other activity deemed by the Bark to be in conflict with the spirit or intent of these Terms of Service or that might violate the rights of others or give rise to liability, including any activity that facilitates or encourages any violations of these terms, conditions or policies.

No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BARK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BARK DOES NOT WARRANT THAT THE WEBSITE AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE AND/OR THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BARK OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. EXCLUDING BARK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BARK HEREBY DISCLAIMS ALL DAMAGES TO YOUR PERSONAL AND REAL PROPERTY ARISING FROM REASONABLE WEAR AND TEAR OR ORDINARY CARELESSNESS OF BARK AND ITS EMPLOYEES, INCLUDING, WITHOUT LIMITATION, LOST KEYS. YOU ACKNOWLEDGE AND AGREE THAT BARK MAY UTILIZE THIRD PARTY APPS, AND OTHER THIRD PARTY SERVICE PROVIDERS TO PERFORM THE SERVICES, AND THAT BARK HAS NO CONTROL OR ABILITY TO CONTROL SUCH THIRD PARTY APPS OR THIRD PARTY SERVICE PROVIDERS. ACCORDINGLY, BARK HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY WITH RESPECT TO SUCH THIRD PARTY APPS AND THIRD PARTY SERVICES.

WHILE WE DO CONDUCT BACKGROUND CHECKS OF OUR EMPLOYEES, NOT ALL ARREST LOGS AND RECORDS, CONVICTION AND CORRECTION RECORDS, SEX OFFENDER REGISTRIES AND MOTOR VEHICLE RECORDS ARE AVAILABLE IN ALL JURISDICTIONS. IN MANY JURISDICTIONS THERE IS A DELAY BEFORE ARREST LOGS AND RECORDS, CONVICTION AND CORRECTION RECORDS, SEX OFFENDER REGISTRIES AND MOTOR VEHICLE RECORDS ARE INCLUDED IN BACKGROUND CHECKS. JUVENILE RECORDS AND OFFENSES FOR MINORS MAY NOT APPEAR IN THE PUBLIC RECORD AND ARE THEREFORE NOT INCLUDED IN THE RESULTS. DISMISSED CASES, ARRESTS NOT RESULTING IN CONVICTIONS, ARRESTS OR CONVICTIONS FROM FOREIGN COUNTRIES AND NOLLE PROS WILL NOT BE REPORTED. TRAFFIC VIOLATIONS ARE NOT INCLUDED UNLESS A JURISDICTION REPORTS THEM AS CRIMINAL OFFENSES. IN THE JURISDICTIONS WHERE TRAFFIC VIOLATIONS ARE REPORTED AS CRIMINAL OFFENSES, SUCH TRAFFIC VIOLATIONS MAY BE INCLUDED IN THE RESULTS AS MISDEMEANORS OR FELONIES.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BARK BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH BARK OFFICERS OR EMPLOYEES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BARK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNTS PAID BY YOU TO BARK DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) AND/OR OMISSION(S) GIVING RISE TO SUCH DAMAGE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Additional Disclaimer

Bark makes every effort to assure that it accurately represents its information, and the Services. Statements made by Bark and/or its officers, directors, agents, representatives are examples and are not to be interpreted as any guarantee, promise, representation and/or assurance.
As with any service, especially those involving animals, results may vary, and will be based on your individual dog’s personality and physical condition, and your experience with similar services. There are no guarantees, promises, representations and/or assurances concerning the level of success or satisfaction you may experience.

The use of Bark’s information, and/or services should be based on your own due diligence, which you undertake and confirm that you have carried out to your entire satisfaction. You agree that Bark, its directors, officers, employees, consultants, agents and other representatives are not liable for any success or failure and/or satisfaction that is directly or indirectly related to the use of Bark’s information and/or the Services.

Comment Areas

Comment Areas on the Website are designed to permit you to share your ideas and opinions. Information on the Comment Areas is sometimes provided by Bark staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with us. You acknowledge that a large volume of information is available in Website Comment Areas and that people participating in such Comment Areas occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. Bark neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Website or Comment Areas by third parties. The opinions expressed in the Comment Areas reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Bark. Bark is not responsible for any errors or omissions in postings in the Comment Areas, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will Bark or its affiliates, be liable for any loss or damage caused by your reliance on such information obtained through the Website or the Comment Areas.

Bark does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the Comment Areas or any other part of the Website, except that (i) Bark may consolidate and edit for clarity any Content posted to comment areas, (ii) Bark may inform registered users or third parties of particular content, ask for their response, or ask them to host discussions, and (iii) Bark reserves the right to monitor the Website and to remove any information that Bark, in its sole discretion, considers to be inappropriate or unlawful.

You acknowledge and agree that Bark has the right (but not the obligation) to monitor the Comment Areas and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a forum or Comment Area); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Website properly; to protect Bark, its visitors, and the public; and to comply with legal obligations or reasonable governmental requests.
You acknowledge and agree that unless otherwise stated, all materials and information you provided will be deemed to be provided to us on a non-confidential and non-proprietary basis.

Communications

Bark reserves the right to contact you from time to time, through email and text messages, or notices posted on the Website or in your Account, for feedback about the Services, and for service and support related issues.
If you provide Bark with any feedback or suggestions regarding the App, the Website or any of the Services (“Feedback”), you hereby assign to Bark all rights in the Feedback and agree that Bark shall have the right to use such Feedback and related information in any manner it deems appropriate without any right to any compensation. Bark will treat any Feedback you provide to Bark as non-confidential, non-proprietary information. You agree that you will not submit to Bark any information or ideas that you consider to be confidential or proprietary to you or any third party.

Arbitration; Applicable Law

PLEASE READ THIS ABITRATION AGREEMENT CAREFULLY. IT IS PART OF YOUR CONTRACT WITH BARK AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Except for a claim by Bark against you, any and all disputes between you and Bark arising under or related in any way to these Terms of Service or your use of the Website or the Service must be resolved through binding arbitration as described in this Section. This agreement to arbitrate is intended to be interpreted broadly.
Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at info@barkbuildings.com. If the issue is not resolved and results in arbitration, the following provisions shall apply:

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND BARK ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND BARK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

1. Arbitration Procedures. The parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Arbitration Section. The rules that apply are those in effect when arbitration is demanded by either of the parties. For information on JAMS, please visit its website, https://www.jamsadr.com. The JAMS Streamlined Arbitration Rules and Procedures are available at www.jamsadr.com/rules-streamlined-arbitration, which are incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and any claim that the JAMS Rules are unfair or should not apply for any reason. If there is any inconsistency between the JAMS Rules and this Arbitration Section, the terms of this arbitration Section will control unless the arbitrator determines that the application of the inconsistent Arbitration Section terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would, including without limitation, each provision that operate to limit the liability of Bark and its employees. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

2. Venue. The arbitration will be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Bark may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Bark subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Bark, unless the arbitrator requires otherwise.

3. Applicable Law. The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, but excluding its conflicts of laws rules that would result in the laws of a State other than New York, governing your use of the Website, the Services, and this Agreement with you, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different Bark users, but is bound by rulings in prior arbitrations involving the same Bark user to the extent required by applicable law. As limited by the Federal Arbitration Act, these Terms of Service and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.

4. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be shared equally by you and Bark, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Bark will pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bark will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Bark for all fees associated with the arbitration paid by Bark on your behalf that you otherwise would be obligated to pay under the JAMS Rules.

5. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

6. Severability. If any term, clause or provision of this Arbitration Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Arbitration Section will remain valid and enforceable.

7. Time Limit for Filing. Any arbitration under or pertaining to these Terms of Service must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

Applicable Law

The laws of the State of New York, excluding its conflicts of laws rules that would result in the laws of a State other than New York, govern your use of the

Class Action Waiver

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND BARK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Bark agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Indemnification

You agree to indemnify, defend, release, and hold harmless Bark, its partners, licensors, affiliates, contractors, officers, directors, employees and agents (collectively, the “Bark Parties”) from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the Website and/or the Services, (c) any breach of these Terms of Service, and/or (d) your violation of any law or of any rights of any third party.

Bark reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bark in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms of Service or your access to the Website and/or the Services.

Release

You hereby release Bark and their successors from claims to the extent permissible by applicable law, of all demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Website and or the Services, including but not limited to, any interactions with or conduct of the PCSPs or third-party websites of any kind arising in connection with or as a result of the Terms of Service or your use of the Website and/or the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.

Severability

If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Terms of Service will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.

Change to these Terms

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY BARK IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Bark will make a new copy of the Terms of Service available at the Website. We will also update the “Last Updated” date at the top of these Terms of Service. If we make any material changes, and you have registered with us to create an Account, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms of Service will be effective immediately for new users of the Website and/or the Services and will be effective thirty (30) days after posting notice of such changes on the Website or App for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes within the Website or thirty (30) days after dispatch of an e-mail notice of such changes to users who have registered for an Account. Bark may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Website, App, Widget, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and the Services; otherwise, your continued use of the Website and/or the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

Termination

If you violate these Terms of Service or otherwise create possible legal exposure for Bark, Bark can terminate your access to and/or use of all or part of the Website. Bark will notify you by email or the next time you attempt to access your Account. You may delete your account or disable your application any time.

Bark reserves the right to modify or terminate the Website or your access to and/or use of the Website for any reason, without notice, at any time, and without any liability to you. If Bark terminates your access to or use of the Website or you disable or delete your Account, your data will no longer be accessible through your Account.

Bark reserves the right to refuse access to and/or use of the Website to anyone for any reason at any time.

Miscellaneous

Bark’s failure to enforce any provision of these Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed admissible for all legal purposes to be in writing and legally enforceable as a signed writing.

Bark Contact Information

If you have any questions or comments, complaints or claims regarding these Terms of Service, please contact Bark by e-mail at info@barkbuildings.com.