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. 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 are about to provide the Services to you.

Scheduling – All of the Services that you intend to book through the Website must be scheduled at least twenty-four (24) hours in advance. Any Services scheduled less than 24 hours in advance must be booked by calling or texting us 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 – Except for Holidays listed below, the Services are available seven days a week from 8:00 AM to 10:00 PM Eastern Standard Time, weather permitting.

Meet and Greet – Bark intends to offer you a Meet and Greet when you first join our Website. This consists of a single session between you and one of the Pet Care Service Providers (“PCSP’s”) employed by Bark, so that you, your dog and the PCSP can meet and feel comfortable with each other.  Meet and Greets are complimentary, and generally last about thirty (30) minutes. Bark reserves the right to refuse and/or terminate any paid Services for any reason after the initial 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. If your services are scheduled for recurring days, it is likely they will be handled by the same PCSP.

Cancelling a Service – All cancellations must be communicated to us via email, telephone, text, or voice-mail at least twenty-four (24) hours in advance of your service event. 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 at least 12 hours before will be charged 50% of the full price for the Service; appointments canceled less than 12 hours before will be charged the full price of the Service.

Holidays – Bark does offer services on the following Holidays: Memorial Day, 4th of July, Labor Day, Thanksgiving, Christmas Day, New Year’s Eve and New Year’s Day. However, Bark reserves the right to charge additional fees for services offered on these Holidays. If you intend to schedule a Service on any of these days, please confirm with us, whether there are any additional details and/or charges for such Services prior to booking the same.

Pick-Up, Drop-Off & Keys – Our PCSP will begin your service event by meeting you at the location within your apartment building/complex initially agreed upon at the Meet and Greet. You always retain the right to choose how our PCSP’s obtain access to your dog. This may include one or more of the following options: (i) provide the PCSP with a key to your premises; (ii) leave a key with your doorman which the doorman can give and collect from the PCSP as part of each service event; (iii) allowing your building manager authority to allow us access to your premises; (iv) be home to meet the PCSP; or (v) specify a different option altogether which we will try to accommodate.  In any event, you must make sure that our PCSP has access to you and/or your premises for pick-up and drop-off. In order to provide certain of the Services, Bark will require access to your residence. Upon registration or request, and where required or agreed, you agree to provide Bark with a copy of the key(s) to your residence, along with any other information reasonably required by Bark, to provide the paid Services. 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 and a leash 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 or leash, you will 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 suffering injury or illness as a result of such activity.

Feeding – Feeding of your dog is available at no additional fee. All feedings will take place at the end of the paid Service, and is 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 Website. 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. 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.

You will be responsible for payment of the applicable fees for the Service(s) at the time you create your Account and select the Service(s) to be provided. The fees for Services are non-refundable. No contract will exist between you and Bark for any of the Services unless and until Bark accepts your order by a confirmatory email, or text message, and your payment for the Service(s) has been received by Bark.

Bark accepts payments through American Express, Discover, MasterCard, Visa, and Paypal. Billing to your account occurs at the time of purchase or shortly thereafter. Bark does not accept any other payment form. You agree to pay for all Services that you purchase through the Website, 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 by accessing your “Account” page. 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 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 so via your “Account” page.

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 following, and included as a part of, these Terms of Service.

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.

Frequently Asked Questions

THESE FAQs ARE PROVIDED AS AN EASY REFERENCE FOR YOU AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. ADDITIONALLY, IN THE EVENT OF CONFLICT BETWEEN THE FOREGOING TERMS OF SERVICE AND THESE FAQs, THE FOREGOING TERMS OF SERVICE SHALL BE CONTROLLING. ACCORDINGLY, YOU ARE RESPONSIBLE FOR REVIEWING THE FOREGOING TERMS OF SERVICE AND THESE FAQs EACH TIME YOU CONTRACT FOR ANY OF THE SERVICES TO ASSURE YOURSELF THAT YOU HAVE AN UNDERSTANDING OF OUR CURRENT PRACTICES AND POLICIES

General

Where do you operate?

In addition to contracting directly with dog owners to provide services, we partner with apartment buildings located in Hoboken and Jersey City. To find out if we’ve partnered with your building, ask your management team or call (or text) us at (844) 822-3647. Think we would be a good fit for your building? Tell us!

What are your hours of operation?

Services are available 365 days a year between 8am and 8pm, but In home sitting service may run later as necessary.

Our customer service team is available 7 days a week between 8AM and 6PM, and you can always contact you pet professional directly through the app.

Are you insured?

Yes! We are insured and bonded for the safety of you and your dog!

Do I have to lend you a copy of my key every day?

No, Bark Buildings requires our clients to provide us with a copy of their apartment key. We keep everyone’s key on-site in a secure lock box.

What is covered during the meet & greet and how much time will it take?

Each meet and greet is up to 30 minutes long and serves as an opportunity for us to get to know you and your dog (and vice versa). Once we learn about their personality and preferences we can personalize their services to ensure an optimal experience! As part of this process we will conduct a quick assessment with your dog that will help us place them more effectively when it comes to socializations and group services.

Why do you need to be partnered with my building?

Partnering with your building makes it possible for us to provide you with a higher quality of service and benefits that you won’t receive anywhere else. It’s why we can give your dog off-leash play time with their friends, accommodate last minute services, leave them surprise toys, or even pop in for a brief visit when you’re stuck at work late. It’s how we turn doggy neighbors into doggy friends!

How can I work for Bark?

If you think you’d be a good fit for our team, we’d love to hear from you! Apply here.

Dog Qualifications

Does my dog need to be vaccinated?

Yes. With the exception of puppies who are not yet able to receive all of their vaccinations, all dogs must be kept up to date. By accepting our terms of service you agree to keep your dog up to date on their vaccinations against rabies, parvo, bordetella and distemper. This is for the safety of all the dogs in our care, including your own.

Does my dog need to be neutered/spayed?

We require all dogs over 6 months old to be spayed/neutered to participate in playdates and group walks, but we are happy to provide solo services to intact dogs.

Do you care for special needs dogs?

Yes, we are happy to care for special needs dogs and our staff is experienced in doing so! We just require that you give us detailed instructions on your dog’s care before we start services. If your dog requires extra special attention, we may recommend booking a solo service to ensure they get all the one-on-one care they need.

Do you care for dogs with behavior problems?

Yup! Our team is trained to work with dogs that struggle with fears, reactivity, and other problems. During a meet and greet with our Canine Specialist, you’ll be able to discuss the dog’s issues and pain points to make sure all parties are as comfortable as possible. In fact, many pet-parents have noticed improvement in their dog’s behavior after a period of time walking with their doggy professional.

Will you care for my dog when they are sick/injured/recovering from surgery?

Of course!  We’d be happy to care for your dog even when they are unwell and help them get back to 100%. To allow for extra special attention and for the safety of other dogs, solo services will need to be booked until your pup is back in good health.

I’m watching a relative/friend’s dog for a while. Can you provide services for them too?

Yes. For their safety and the safety of other resident canines, guest dogs would not be eligible for group services or Monthly play dates. However, we’d be happy to walk them with your dog if a Solo service is booked!

Scheduling

Can I book services on evenings and weekends?

Absolutely! We offer most of our services until 8pm on weekdays and from 8am until 8pm on weekends.

Do you offer services on holidays?

Yes! We offer services 365 days a year. On the holidays listed in the table below, we do charge a holiday fee in order to properly compensate our employees. If you’re booking a sitting or walking services on a holiday, please submit schedule your services as far in advance as possible to ensure we can accommodate your request.

What happens when I cancel a walk?

Just notify us by at least 5pm on the previous day and you won’t be charged! Appointments cancelled after the deadline will incur a $10 cancellation fee. Any appointments cancelled less than 1 hour before their window will be charged in full.

How do I book new appointments or make changes to existing ones?

Once you sign up you’ll have access to your online profile, from there you can instantly book new appointments and change existing ones. For your convenience, you can also just send us a text to (844) 822-3647, and we’ll take care of it for you!

Can I book same day services?

While we allow and will do our best to accom odate last minute bookings, they will depend on walker and schedule availability. However, we will do our best to book one of your regular walkers during the desired time.

Services and Grouping

Which days and times are Canine Club services available?

Play Dates and Social Walks are offered in a gym class like scheduling format. Services are available Monday through Friday and multiple session are held during the times listed below.

Session Times 8am – 10am 10am – 12pm 12pm – 2pm 2pm – 4pm 4pm – 6pm
Activity Social Walks Play Dates Social Walks Play Dates Social Walks

For buildings without an on premise dog park available for daily play dates, play date services will be replaced with social walks.

How do I change, cancel or put my membership on hold?

Changing, cancelling, or putting your membership on hold is free and easy. Just text a request to our hotline by Sunday at 5pm and you’re all set for the following week.

Does my premium membership auto-renew?

Premium Canine Club memberships are weekly recurring. Your membership is active the day that you sign up and will renew automatically every Sunday.

Do cancelled services roll over from week to week?

If you cancel a service before the deadline, you can easily roll it over to the next week by texting a request to our hotline. Members with 5+ weekly services can roll-over up to one service each week. Members with 10+ weekly services may roll-over up to two services each week. All roll-over requests must be received by 5pm on Friday of that week.

How much do you charge if I have two dogs?

If you have two dogs that participate in the same services, it’s just an additional $5 per service.

What happens if I run out of services?

If you use all of the services in your weekly plan, no problem! Easily add more by purchasing one service at a time, or choose a 3-service add on pack.

What is the difference between the free and premium canine club memberships?

Your free membership gives you access to your buildings complimentary Canine Club amenity, while premium memberships give you access to daily Canine Club services like play dates and social walks. All the benefits of your Canine Club amenity are included with any premium membership.

Which service is best for my dog(s)?

When choosing a service for your dog, it’s important to consider their age, energy level, personality, and health. From 15min potty breaks, to off-leash playdates and dog running, we are sure to have the perfect service for your pooch! For the best results, tell your Bark Community Manager about your dog and we will recommend a program that best suits your needs.

How many dogs do you walk at one time?

Depending on the type of service you book, we walk between 1 and 4 dogs at a time. To ensure the highest level of safety and quality we never walk more than 4 at a time.

How do you know if my dog will get along with other dogs in the building?

We take a very scientific approach in order to ensure resident dogs are socialized in a way that will give them a positive experience. This means an in depth assessment process where we take the time to learn each dog’s behavior and assign them a personality type. Their personality type is then used to help us identify other doggy neighbors that they would enjoy socializing with. In addition, our pet care professionals are trained to continue observing their interactions and identifying new buddies they can be grouped with.

How far in advance do I need to book for House Sitting?

We typically ask for two weeks’ notice when booking sitting services, but understand that sometimes it’s hard to plan that far in advance! The more notice we get, especially for bookings over 3 days, the more likely we are to have one of our PCSPs available for the service!

Do I have to pay extra for the walks my dog goes on during pet sitting?

No, each 12 hour in home sitting includes 75 minutes of walk time, which you can split up however you’d like. For pups that need additional outdoor time, additional walks may be booked as needed.

Payments

Where can I find prices?

Canine Club membership pricing can be found on the Canine Club page. Pricing for all other services is listed on the services page.

Are there any additional taxes or fees?

No way! The price you see is the price you pay.

When do I pay?

Each Sunday your credit card will automatically be charged for that week’s upcoming services. Any services added after Sunday, for the same week, will be paid for on the following Sunday.

How do I pay?

You will enter your payment information into our secure customer dashboard which will be charged automatically every Sunday.

How do I get a refund?

Refunds will be issued every Sunday to the payment method saved to your online account.

How do you protect my payment information?

Our payment processing software is built to the highest level of internet security and uses SSL encryption for all transactions.

Our Team

Are your pet care professionals experienced?

Yes! All of our walkers have either professional or personal & volunteer experience caring for dogs.

Are your pet care professionals background checked?

Yes, Bark Buildings conducts a background check on all new team members before they are officially brought on board.

What is your walker training process?

We take training seriously! Each doggy professional goes through an extensive training process, both theoretical and in the field with our Canine Specialist. All walkers start our walking single dogs and slowly work their way up to more complex group services.