BarkHappy

Terms of Use

Last Updated: October 21, 2016

Welcome to BarkHappy, operated by BarkHappy, Inc. (the “Company” or “BarkHappy”).

Your use of any BarkHappy applications or services, including the website found at www.BarkHappy.com (the “Website”), the Company’s Facebook page on www.facebook.com, its Meetup Groups (“BarkHappy Meetups”) found on www.meetup.com (“Meetup”), whether through a mobile device, mobile application or computer (collectively, the “App”), or attendance of Company events offered through other means (the App and such other Company events and services referred to herein as the “BarkHappy Services”), is subject to the these Terms of Use (this “Agreement”), which BarkHappy may revise from time to time and without notice.  Your use of BarkHappy Services is subject to this Agreement regardless of whether you create a BarkHappy account. Please read the Agreement in its entirety prior to utilizing any BarkHappy Services.

Privacy Policy.

BarkHappy may collect certain personally identifiable information or other information from you.  You should read the BarkHappy Privacy Policy, available at: https://barkhappy.com/privacy/ (the “Privacy Policy”), which is incorporated by reference into this Agreement and available in the App. If you do not accept and agree to be bound by all of the terms of this Agreement, including the BarkHappy Privacy Policy, do not use the App or any other BarkHappy Services, including the Website, BarkHappy Meetups or social media properties. Please contact us at info@BarkHappy.com with any questions regarding this Agreement.

 

Acceptance of Terms of Use Agreement.

This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the App or any BarkHappy Services offered through the web, Facebook, Meetup and other social media applications. This Agreement includes the Company’s (i) Privacy Policy, (ii) our Safety Tips and (iii) terms disclosed and agreed to by you if you purchase or accept additional features, products or services we offer on the App, such as terms governing features, billing, discounts and promotions.

By accessing or using the App, BarkHappy Meetups offered through Meetup, the Website, our Facebook page, or other BarkHappy Services you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the App and terminate your account or use of other BarkHappy Services, properties, sites or webpages. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please contact us at info@BarkHappy.com.

Eligibility.

No part of BarkHappy is directed to persons under the age of 18. You must be at least 18 years of age to access and use any BarkHappy Services, including the App or our Website, BarkHappy Meetups, Facebook page or Events (as defined herein). Any use of the BarkHappy Services is void where prohibited. By accessing and using the BarkHappy Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the BarkHappy Services may be prohibited or restricted in certain countries. If you use the BarkHappy Services from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the BarkHappy Services.

Creating an Account.

In order to use the App and certain other BarkHappy Services, you must sign in to the Website or App using a valid email address or your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other BarkHappy users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.   Users also create public profiles for their dogs and themselves.

Users can delete their accounts themselves under the Settings menu in the App.

 Term and Termination.

This Agreement will remain in full force and effect while you use the App and/or have a BarkHappy account, and/or access or use our Facebook page, Website, attend our Events or otherwise utilize the BarkHappy Services. You may disable your account at any time, for any reason, by following the instructions in Settings in the App. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in-App purchases. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. The same policies apply to our social media properties. You may be blocked or removed for any reason and without notice.

The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the App, Website, or social properties including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the App.

Account Security.

You are responsible for maintaining the confidentiality of the login and password you designate during the registration process, and you are solely responsible for all activities that occur under your login and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security at support@BarkHappy.com and ensure that you log out from your account at the end of each session.

 Your Interactions with Other Users.

The Company does not supervise any BarkHappy Meetups and is not responsible in any way for the conduct of any user or their dogs.  The Company has no control over the identity or actions of the individuals who are present at any BarkHappy Meetups, and we request that users exercise caution and good judgment when attending BarkHappy Meetups. As noted in and without limiting Sections 14 and 16 below, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you, your dog, or anyone else and their dogs in connection with the use of the App or the BarkHappy Services and Events including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons or dogs you meet through the App or at Events. You agree to take all necessary precautions in all interactions with other users and their dogs, particularly if you decide to communicate off the App or meet in person, or if you decide to send money to another user. In addition, you agree to review and follow the Company’s Safety Tips, located in the App, prior to using the App. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the App or the compatibility of your dog with other dogs you meet through the App or at Events. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND THEIR DOGS. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS, THE TEMPERAMENT OF THEIR DOGS, OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

Proprietary Rights.

The Company, or its third party licensors, owns and retains all proprietary rights in the App, the Website or other properties, and in all content, copyrighted material, trademarks, trade names, service marks and other intellectual property rights related thereto or otherwise related to the BarkHappy Services (collectively, “Intellectual Property”).  You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any Intellectual Property accessible through the App or the BarkHappy Services, without first obtaining the prior written consent of the Company or, if such Intellectual Property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any Intellectual Property, including copyright, trademark and other intellectual property notices.  Nothing contained in the App or the Website should be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property displayed thereon without our express written permission or that of the appropriate third party owner of the relevant Intellectual Property. Except as permitted by this Agreement, any unauthorized use of the Intellectual Property is prohibited.

No Resale.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the App, the Website or other BarkHappy Services. You agree not to use your BarkHappy Profile for any sales of goods or services, or promotion of a company, good or service without the express written permission of BarkHappy. This permission is given to certain businesses that offer deals to app users which have been arranged/approved with BarkHappy Inc, as well as those users that decide to create public events by purchasing an in app purchase/upgrade.  It is permissible that these events promote products or businesses or have tickets for sale.  However BarkHappy reserves the right to terminate or cancel promotion of any events that are inappropriate or conflict with BarkHappy’s business.  See more detail under “Events” section of terms.

 Content Posted by You in the App.

You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the App or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the App, or transmit to the Company or any other user (either on or off the App), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the App and grant the licenses set forth below.

You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of the App. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the App or the Company.

In addition to deleting your account, you may also at any time make your account “private” or hide it using the button on the map.  Users may also control their message settings and location settings from the Settings menu in the App.

Events, Meetings, or Playdates.

Through our App we provide tools that enable our users to arrange physical meetings, including playdate gatherings and groups, group meetings, BarkHappy Meetups, charity events, various dog friendly events and meetings resulting from dog matching (any such event, an “Event”) at venues that include, but are not limited to, public parks, private homes or private enterprises (such as coffee shops, restaurants or retail stores). We do not supervise these Events and are not involved in any way with the actions of any individuals at these Events. As a result, we have no control over the identity or actions of the individuals or their dogs who are present at these Events, and we request that our users exercise caution and good judgment when attending these Events.

All users can create a private event in the app for free, these events are only visible to users in their pack that they decide to invite, and users those friends invite and so on.  However, if a user chooses to make an in app purchase/upgrade they can make an event Public and visible to all other users in the area.  For details on policies for this see “In App Purchases”

 

In App Purchases

Generally, BarkHappy may offer additional products and services for purchase (“in app purchases”) through the App Store ℠, Google Play or other application platforms authorized by BarkHappy (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription.  If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Please refer to the terms of your application platform which apply to your in app purchases.

Public Event Upgrades.   You may be able to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to upgrade an event you are creating to be  “public”.  Making the event visible to all other BarkHappy users in the area up to 30 miles from the event location. (this distance may change/vary in the future). You are only allowed to purchase Event upgrades from us or our authorized partners through the Service and not in any other way. Purchase and use of Upgrade through a Software Store is subject to such Software Store’s governing documents, including but not limited to its terms of service and privacy policy. Regardless of the terminology used, Upgrades represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Event Upgrades obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Event Upgrades is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights. Any Upgrade balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Event Upgrade credits do not incur fees for non-use, however, the license granted to you for Upgrades will terminate in accordance with the terms of this Agreement, when BarkHappy ceases providing the Service or your Account is otherwise terminated. BarkHappy, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. BarkHappy may manage, regulate, control, modify or eliminate Virtual Items such as Event Upgrades at any time. BarkHappy shall have no liability to you or any third party in the event that BarkHappy exercises any such rights. The transfer of Event Upgrade credits is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items like Event Upgrades to any person or entity. ALL PURCHASES AND REDEMPTIONS OF EVENT UPGRADES OR VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Event Upgrades  for use in the Service is a service provided by BarkHappy that commences immediately upon the acceptance of your purchase of such Virtual Items. You agree to pay all fees and applicable taxes incurred by you or anyone using your BarkHappy account. BarkHappy may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT BARKHAPPY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED EVENT UPGRADE  ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Deals and Merchants/3rd Party Products

Deals are offered by Merchants & 3rd parties to BarkHappy users throughout the app, including, without limitation, a portion of the app  dedicated to Deals. Deals are subject to the terms and conditions as specified by the Merchant or 3rd party. Any service fee retained by BarkHappy from the redemption of a Deal, if applicable, is compensation to BarkHappy for marketing, promoting, advertising and distributing the Deals on behalf of the Merchants or 3rd Parties. As the issuer of the Deal, the Merchant or 3rd Party shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant or 3rd Party, as well as for any Liabilities arising from any regulatory action. Deals have no cash or residual value. BarkHappy does not make any warranty in relation to the Deals, including, without limitation, their validity and/or value. BarkHappy is not a party to any transaction that the Merchant or 3rd Party and you may enter into as a result of you redeeming any Deal.

The deals section within the BarkHappy app, are offers and promotions from third parties and Merhants.  BarkHappy does not own or control the interaction you have with these 3rd Party businesses or retailers.  Your experience, purchases and transactions are governed by the privacy policies and terms of the 3rd party business and their website.  There is no guarantee that the promotion or offer listed in the BarkHappy app will be honored by the 3rd party. Offers may at times be discontinued or expired.   To redeem an offer from the deals section you will click on the link provided and be taken out of BarkHappy to the website of the 3rd party offering the product or service.  BarkHappy does not have any control over experiences outside of our app.  BarkHappy is not liable for any misrepresentation of an offer or discount, any incorrect wording, or change of terms for deals or offers in the app.  If you need to report an expired offer, please contact BarkHappy at info@barkhappy.com anytime.

Through the app, certain Merchants allow you to purchase various products directly from the Merchant on their websites outside of the app. Terms and conditions regarding shipping, delivery, and returns will vary by Merchant and will be stated in the Merchant’s deal terms. Charges for delivery and applicable sales taxes will be added at checkout. The Merchant is solely responsible for all Merchant Products purchased through their Site.

While we work to ensure that the Deal and product description and information on the App is correct, we cannot guarantee that Product descriptions are accurate or complete. All information is provided for informational purposes only and we encourage you to read all information presented on labels, warnings and directions that accompany the Products or services on the Merchants website before use. If a Product is not as described, your sole remedy is to deal with the Merchant or 3rd party you purchased from, not BarkHappy.

Descriptions of the Deal Offerings and Products advertised on the app  are provided by the Merchant or other referenced third parties. BarkHappy does not investigate or vet Merchants. BarkHappy is not responsible for any claims associated with the description of the Merchant Offerings or Products. Pricing relating to certain Deals and Offers, Products, and other available programs on the app may change at any time in BarkHappy’s sole discretion without notice.

Dog Matching.

All dog matching within the App is voluntary. BarkHappy does not guarantee compatibility of any of the dogs or people matched. Dog matching simply consists of suggestions based on user-provided information including zip code, dog temperament and criteria may change without notice. Any issues or conflicts that arise between suggested daily or group matches are subject to the same terms found in other parts of this Agreement.  If a user attends any Event as a result of dog matching, BarkHappy will not supervise such Event and, as such, BarkHappy has no control over the identity or actions of the individuals present at any such Event.  We request that users exercise caution and good judgment when attending Event meeting resulting from dog matching.  If a user wants to disable matching they may do so in the Settings menu of the App.

Release.

Because we do not supervise or control the Events or other interactions among or between members of BarkHappy and other persons or companies, and because we are not involved in any way with physical transportation to or from Events or with the actions of any individuals at Events, [and because we do not control credit card companies or other payment processing companies], and because we cannot guarantee the true identity, age or other characteristics or information of such persons, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the App or other BarkHappy Services, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the App, any BarkHappy Meetups, Facebook page, and other BarkHappy Services, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at an Event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under the Civil Code of the State of Texas or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, California, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.

COMMUNICATIONS FROM BarkHappy AND MEMBERS OF THE BarkHappy COMMUNITY

BarkHappy Communications.

You understand that certain communications, such as BarkHappy service announcements and newsletters, as well as offers of sponsorship or promotion relevant and beneficial to you or your BarkHappy experience, are part of our App. By using the BarkHappy Services, you expressly agree to receive such communications from BarkHappy. You may manage your preferences for newsletters such as unsubscribe at the bottom of newsletters. You can also block BarkHappy in the App if you do not wish to receive messages from BarkHappy; however, some basic communications are a necessary part of the App and may not be disabled.

Communications with Members of the BarkHappy Community.

Event Hosts.

By joining or attending an Event, you understand and agree that you may receive communication from the organizer, creator or host of the Event and their designees in the normal course of utilizing the BarkHappy Services. Your organizer’s or creator’s or host’s messages will be relayed to your account through the App, which does not disclose your email address.

BarkHappy Group Mailing List and Emails.

You may subscribe, unsubscribe, and manage the frequency of emails you receive from BarkHappy directly from the email itself.  Please note that some communications are a necessary part of the BarkHappy Services and may not be unsubscribed from.

Roles of Event Host.

You understand that the organizer, creator or host of an Event has the right, in his or her sole discretion, to temporarily suspend, indefinitely suspend or terminate your attendance in his or her Events, to charge fees in connection with his or her Events posted in connection with such Events. Please be aware that the organizer, creator or host of an Event is: (a) not BarkHappy’s representative or agent, and therefore an organizer, creator or host may not enter into contractual relations or obligations on BarkHappy’s behalf; (b) not entitled to enter into contractual relations or obligations on behalf of specific BarkHappy members or users unless expressly agreed by such members or users; and (c) acting independently, and therefore no contractual relationship or obligation arises between an organizer/creator/host or an individual member or user unless otherwise agreed between the relevant parties.

Dog Friendly Map & Listings.

BarkHappy cannot guarantee the accuracy of business listings found on the map.  Many times pet policies, amenities, and business information, or locations of points on the map can change or may be inaccurate.  Users should always contact a business directly for the most up to date and accurate information. All businesses reserve the right to enforce their own policies or refuse people or dogs for reasons they see fit.  BarkHappy has no authority over a third party business enforcing their pet policies or allowing dogs. Maps provided by BarkHappy are crowdsourced and public.  As a result, BarkHappy is not responsible for any offensive or inaccurate information posted on the map. If users find inaccurate or offensive information about a listing on the map they can report this to BarkHappy from within the App using the Report a Problem function or email BarkHappy at info@barkhappy.com.  If a business or other third party would like to edit or remove their listing from the BarkHappy App or its other sites, they can contact us at info@barkhappy.com.  BarkHappy also is not liable for any navigation or directions received from Google Maps, Apple Maps, or other mapping and navigation services used to get directions or navigate to a listing on the map.

Lost and Found Alerts.

The Lost and Found feature is a free service for all users of the BarkHappy app.  It is intended only for use by dog owners to report a lost dog, or a found dog.  Any misuses of this feature will result in permanent remove from BarHappy.  BarkHappy reserves the right to remove any Lost and Found reports or users at its own discretion without explanation if it feels there has been a misuse.

BarkHappy cannot guarantee that using our Lost and Found feature will result in your dog being found, or the owner of a dog found. Users should also attempt other means of finding their lost dog including contacting local shelters.    The donation contribution is completely optional and is not required.  All contributions go to BarkHappy to support the app and maintenance of its features to keep them free to use.  Contributions are not charitable and do not qualify for any type of tax deduction.  All transactions are  one time non recurring. No credit card info is saved by BarkHappy.  Donation contributions are  processed by a 3rd party, Stripe. You may see added information and Terms of Service from Strip at: https://stripe.com/us/terms

 

Suggestions and Feedback.

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against BarkHappy and its users any claims and assertions of any moral rights contained in such Feedback.

Third Parties.

The App or Website may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site.  BarkHappy does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from Third Party Sites. You also acknowledge and agree that BarkHappy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any Third Party Websites.  You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

Some of the services made available through the App or Website may be subject to additional third party or open source licensing terms and disclosures, including the ones posted here and incorporated herein by reference.

Dispute Resolution between Third Parties.

BarkHappy may try to help users resolve disputes. BarkHappy will do so in its sole discretion, and has no obligation to try to resolve disputes between users. To the extent BarkHappy attempts to resolve disputes, BarkHappy will do so in good faith based solely on the general rules and standards of the BarkHappy Services, and BarkHappy will not make judgments regarding legal issues or claims.

INDEMNITY.

You agree to indemnify, defend, and hold BarkHappy, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “BarkHappy Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the BarkHappy Services, (ii) your violation of this Agreement, (iii) any products or services purchased or obtained by you in connection with the BarkHappy Services, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. BarkHappy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of BarkHappy. BarkHappy will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

DISCLAIMERS AND LIMITATIONS OF LIABILITY.

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE BARKHAPPY ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE BARKHAPPY SERVICES. BY ACCESSING OR USING THE BARKHAPPY SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

  1. THE BARKHAPPY SERVICES, INCLUDING THE APP, ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE BARKHAPPY ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE BARKHAPPY SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE BARKHAPPY ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY OR RELIABILITY OF THE BARKHAPPY SERVICES, OR THE SAFETY OR SECURITY THEREOF, OR THE CONTENT CONTAINED OR INCLUDED THEREIN. ACCORDINGLY, THE BARKHAPPY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE BARKHAPPY SERVICES. FOR EXAMPLE, AND NOT BY WAY OF LIMITATION, THE BARKHAPPY ENTITIES ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM THE APP’s INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE APP OR OTHER BARKHAPPY SERVICES.
  2. THE BARKHAPPY ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE APP OR THE APP’s USERS. ACCORDINGLY, THE BARKHAPPY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE APP OR OTHER BARKHAPPY PLATFORMS. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE APP OR OTHER PLATFORMS IS AT YOUR OWN DISCRETION AND RISK.
  3. THE BARKHAPPY ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE APP, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE BARKHAPPY ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
  4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE APP, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE APP.
  5. THE BARKHAPPY ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE BARKHAPPY SERVICES OR THIS AGREEMENT IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE BARKHAPPY ENTITIES IN CONNECTION WITH THE BARKHAPPY SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

THE BARKHAPPY ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

Venue and Choice of Law.

This Agreement is governed by the laws of the State of Delaware, without regard to its conflicts of laws principals. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement or the BarkHappy Services shall be brought in a federal or state court located in [Austin, Texas], and you hereby waive any objection to the exclusive jurisdiction of such courts.

Assignment.

You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by BarkHappy, in its sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of BarkHappy’s assets, or similar transaction.

No Waiver.

BarkHappy’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.

Severance.

If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and BarkHappy nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

Entire Agreement.

You agree that this Agreement constitutes the entire agreement between you and us with respect to your use of the BarkHappy Services. You agree that this Agreement, as it may be amended from time to time, supersedes any other agreements between you and us with respect to your use of the BarkHappy Services.

Contact.

If you wish to contact us regarding (i) information on the BarkHappy Services, (ii) permission to reproduce or use any content offered through the BarkHappy Services, or (iii) any other reason, please contact us via email at info@barkhappy.com.