Bark’N’Borrow, Inc. (hereinafter referred to as ‘Bark’N’Borrow’, ‘BarkNBorrow.com’, ‘BarkAndBorrow.com’, ‘we’, ‘us’, or ‘our’) provides an online platform that connects busy dog owners with verified local dog lovers who would love to look after and spend time with their pet through the website BarkAndBorrow.com (such online platform, together with any related software, applications or functionality, and such website, collectively, the ‘Site’). By using the Site you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (these ‘Terms), whether or not you become a registered user of the Site. These Terms govern your access to and use of the Site and all Content (as defined below), and constitute a binding legal agreement between you and Bark’N’Borrow. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site and must not use the Site. These Terms are subject to change at any time, without prior notice. We recommend that you review these Terms on a regular basis. These Terms apply to all visitors and all who access our Site.
The Site is intended solely for persons who are 18 years of age or older. Any access to or use of the Site by anyone under 18 is expressly prohibited. By accessing or using the Site, you represent and warrant that you are 18 or older.
THE SITE INCLUDES AN ONLINE PLATFORM THROUGH WHICH BORROWERS (AS DEFINED BELOW) AND DOG-OWNERS (AS DEFINED BELOW) MAY CONNECT WITH ONE ANOTHER TO DISCUSS, CREATE AND BOOK LISTINGS (AS DEFINED BELOW) FOR DOG-RELATED SERVICES. YOU ACKNOWLEDGE AND AGREE THAT BARK’N’BORROW IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN BORROWERS AND DOG-OWNERS (DOG-OWNERS CONTRACT FOR DOG-RELATED SERVICES DIRECTLY WITH BORROWERS), NOR IS BARK’N’BORROW A BROKER, AGENT (EXCEPT AS EXPRESSLY SET FORTH BELOW) OR INSURER. BARK’N’BORROW HAS NO CONTROL OVER THE CONDUCT OF DOG-OWNERS, BORROWERS, DOGS OR ANY OTHERS USERS OF THE SITE OR DOG-RELATED SERVICES, AND BARK’N’BORROW DISCLAIMS ALL LIABILITY IN THIS REGARD. DIFFERENT SECTIONS OF THE SITE AND TERMS AFFECT BORROWERS AND DOG-OWNERS DIFFERENTLY, SO PLEASE BE SURE TO CAREFULLY READ THESE TERMS.
‘Content‘ shall mean text, graphics, images, music, software, audio, video, information, documents, compilations, data or other materials.
‘Borrower‘ shall mean any person who completes Bark’N’Borrow’s account registration process in order to connect with Dog-Owners for the purposes of receiving Dog-Related Services, including without limitation, borrowing a dog.
‘Day‘ shall mean a period of twenty-four (24) hours.
‘Dog-Related Services‘ shall mean any services agreed to between a Dog-Owner and a Borrower, including without limitation borrowing, handling and boarding a dog.
‘Dog-Owner‘ shall mean a person who owns a dog and completes Bark’N’Borrow’s registration process to connect with Borrowers.
‘Listing‘ shall mean a Dog-Related service that is offered or otherwise solicited by a Borrower or Dog-Owner via the Site.
‘Members‘ shall mean Borrowers and Dog-Owners collectively.
‘Providing Member‘ shall mean the Member providing the Dog-Related Services.
‘Receiving Member‘ shall mean the Member receiving the Dog-Related Services.
‘Services‘ shall mean Dog-Related Services and any services provided by Third Party Providers, collectively.
‘Third Party Providers‘ shall mean Bark’N’Borrow’s third party agents, contractors, distributors, merchants or sponsors.
Access and Compliance
By accessing the Site, you agree to (i) be bound by these Terms and all applicable laws and regulations; (ii) represent and warrant that you are legally entitled to do so; and (iii) abide by all applicable laws and regulations in the jurisdiction in which you reside. You agree that we may modify this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms each time you use the Site to be aware of modifications. Continued access or use of the Site shall be deemed conclusive evidence of your acceptance of the modified agreement.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Site. Your mobile network’s data and messaging rates and fees may apply if you access or use the Site from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Site and any updates thereto. Bark’N’Borrow does not guarantee that the Site, or any portion thereof, will function on any particular hardware or devices. In addition, the Site may be subject to malfunctions and delays in the use of the Internet and electronic communications.
How the Site Works
The Site can be used to connect Dog-Owners with Borrowers in order to facilitate the booking of Dog-Related Services and sharing of dog-lover Content. Such Dog-Related Services may be included in Listings. Nonregistered visitors to the Site may view limited Content, however, only Members may create Listings and view profiles or Content of other Members.
As stated above, Bark’N’Borrow makes available a platform or marketplace with related technology for Members to meet online and arrange for play dates for their dogs or to book Dog-Related Services. Bark’N’Borrow does not provide any dog-related services. Bark’N’Borrow’s responsibilities are limited to facilitating the availability of the Site.
PLEASE NOTE THAT BARK’N’BORROW CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS, POSTS, OR MEMBERSHIP PROFILE OR THE PROVISION, QUALITY, CONDITION, LEGALITY OR SUITABILITY OF ANY DOG-RELATED SERVICES. BARK’N’BORROW IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL CONTENT, LISTINGS AND DOG-RELATED SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF PROPERTY, INJURY AND DEATH. ACCORDINGLY, ANY BOOKINGS OF DOG-RELATED SERVICES AND COMMUNICATION WITH ANOTHER MEMBER WILL BE MADE AT EACH MEMBER’S OWN RISK.
Customer Account Access
In order to utilize certain services offered by the Site, you will need to create a Bark’N’Borrow account. You agree to (i) create only one account; (ii) provide accurate, truthful, current and complete information when creating your account; (iii) maintain and promptly update your account information; (iv) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your computer; (v) promptly notify us if you discover or otherwise suspect any security breaches relating to the Site or your account; and (vi) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Bark’N’Borrow, serves as a marketplace for its Members to obtain and provide Dog-Related Services to other Members. Bark’N’Borrow charges a small monthly fee to cover the costs internal operations and Site administration. There is no other form of transactional payment allowed between two members for any kind of Dog-Related Services. Soliciting personal professional services will result in termination of Membership.
As a Member, you contractually agree that the first and all future bookings with other Members will be through the Site. Failure to abide by this policy may result in suspension from the Site, termination of Membership or monetary penalties.
Bark’N’Borrow reserves the right to cancel any reservations for which the Receiving Member has not provided the required payment. Excessive cancellations by a Member may result in account termination or other disciplinary action, as may be determined by Bark’N’Borrow in its sole discretion.
By using the Site, you expressly agree to conduct all future transactions for Dog-Related Services with other Members exclusively through the Site. Members who circumvent use of the Site, including without limitation, those who solicit, initiate, perform or obtain Dog-Related Services, may be terminated immediately or otherwise penalized, including without limitation, by monetary penalties to the extent permitted by law. Any Members who do engage in Dog-Related Services outside of the Site agree that neither Bark’N’Borrow nor its affiliates shall bear any responsibility or liabilities therefrom and without limitation will be bound to the following provisions herein as if such Dog-Related Services were conducted through the Site: (i) Limitation of Liability and General Release; (ii) Disclaimer of Warranties; and (iii) Indemnification, as may be applicable.
Open Source Content
Any Open Source Software that may be accompanying the Bark’N’Borrow Site is provided to you under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Site. As used herein ‘Open Source Software‘ shall mean open source software components (including code) provided with the Bark’N’Borrow Site that is licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the Bark’N’Borrow Site. As it relates to grant of licenses and restrictions, these Terms do not apply to any Open Source Software accompanying the Bark’N’Borrow Site and Bark’N’Borrow hereby disclaims any and all liability to you or any third party related thereto.
Certain Obligations (Including to Comply with Applicable Laws and Obtain All Necessary Licenses and Permits)
You acknowledge and agree that, as a Member, you are responsible for any and all Content, Listings and Personal Information (defined below) that you post. Accordingly, you represent and warrant that any Content, Listing and Personal Information you post and the provision of any Dog-Related Services in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, including, but not limited to, laws governing the treatment of animals and any federal, state or local permitting or licensing requirements, and (b) not conflict with the rights of third parties.
Bark’N’Borrow recommends that Members obtain appropriate insurance for Dog-Related Services. Please review any insurance policy that you may have for your Dog-Related Services carefully, and in particular, please make sure that you are familiar with an understand any exclusions to, and any deductibles that may apply to, such insurance policy, including, without limitation, whether or not your insurance policy will cover the actions or inactions of dogs to which you provide any Dog-Related Services.
Bark’N’Borrow does not endorse any Borrowers or Dog-Owners. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site. We will not be responsible for any damage or harm resulting from your interactions with other Members or their dogs.
By using the Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm (or whose dog caused you harm) and you agree not to attempt to impose liability on, or seek any legal remedy from, Bark’N’Borrow with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site regarding any request for Dog-Related Services or Content made by you.
You understand and agree that Bark’N’Borrow does not act as an insurer or as a contracting agent for you as a Borrower. If a Member retains any of your Dog-Related Services, any agreement you enter into with such Dog-Owner is between you and the Dog-Owner and Bark’N’Borrow is not a party thereto. You acknowledge and agree that, as a Member, you are responsible for your own acts and omissions.
Treatment of Dogs
Bark’N’Borrow is committed to the ethical and humane treatment of all animals. Notwithstanding the other provisions of these Terms, you agree to use and provide any dogs in your possession or to whom you are providing Dog-Related Services with the utmost level of care. Failure to exercise such care may result in, without limitation, the termination of your Bark’N’Borrow account.
If you, as a Dog-Owner, make a booking of Dog-Related Services and fail to retrieve your pet within five (5) days (or the time period set forth in the applicable jurisdiction’s animal abandonment or cruelty laws, if earlier) after the end date of your reservation, you agree that the applicable Borrower or Bark’N’Borrow may (but has no obligation to), in its sole discretion, place your pet in foster care or shelter and notify the authorities. You agree that you will be responsible and charged for all costs and expenses of any such action, and you acknowledge that you may become subject to any applicable laws that may govern your failure to retrieve your pet, including all applicable animal abandonment or cruelty laws.
Information on the Website
Although Bark’N’Borrow attempts to maintain the integrity and accuracy of the information on the Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Site by third parties without our knowledge or consent. If you believe that information found on the Site is inaccurate or unauthorized, please inform us by contacting us at firstname.lastname@example.org.
Personal Information and Photos
As part of the Site, Bark’N’Borrow occasionally shares photo updates of Content posted by its Members with Site users and the public. You agree that Bark’N’Borrow may, at its sole discretion, publish these photos on the Site and across social media including without limitation Facebook, Twitter, Instagram, Pinterest, and similar sites, at its sole and absolute discretion.
You hereby represent and warrant to Bark’N’Borrow that Personal Information (i) will not be false, inaccurate, incomplete or misleading; (ii) will not be fraudulent or involve the sale of counterfeit or stolen items; (iii) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (iv) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (v) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (vi) will not be obscene or contain child pornography or be harmful to minors; (vii) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (viii) will not create liability for Bark’N’Borrow or cause Bark’N’Borrow to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
Use of the Site
- Collecting information about the Site or users of the Site without Bark’N’Borrow’s written consent;
- Soliciting, proposing, initiating or carrying out a transaction for Dog-Related Services with another Member, without using or by otherwise circumventing use of the Site;
- Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any Content of or information contained on the Site, without Bark’N’Borrow’s written consent;
- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Site or any portion or Content thereof;
- Accessing or using the site for commercial or competitive purposes;
- Disguising the origin of information transmitted to, from, or through the Site;
- Impersonating another person or entity;
- Distributing viruses or other harmful computer code;
- Allowing any other person or entity to impersonate you to access, use or register with the Site;
- Using the Site for any purpose in violation of local, state, national, international laws, including but not limited to any unauthorized use of any Content or information contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes;
- Using the Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
- Updating a public profile with erroneous contact information or removing contact information;
- Behaving or acting in any way that creates a negative experience for a Bark’N’Borrow Member, to be determined at the sole discretion of Bark’N’Borrow;
- Behaving or acting in any way that demonstrates a lack of courtesy or professionalism with any Bark’N’Borrow Staff Member that may cause any difficulty providing the best customer service possible for a Bark’N’Borrow Member, to be determined at the sole discretion of Bark’N’Borrow; and
- Circumventing any measures implemented by us aimed at preventing violations of these Terms.
Bark’N’Borrow expressly reserves the right, in its sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the Site due to any act that would constitute a violation of these Terms. In addition to violating these Terms, any of the foregoing actions on your part or on behalf of any entity you are employed or otherwise acting as an agent for constitutes intentional, unauthorized access of a protected computer, may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. Â§ 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.
It is your obligation to comply with all applicable state, federal and international laws. It is also your obligation to comply with all applicable tax laws and regulations that apply to your activity on the Site. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Links to Third Party Websites
The Site may contain links or have references to websites controlled by parties other than Bark’N’Borrow. Bark’N’Borrow is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. Bark’N’Borrow is providing these links to you only as a convenience, and the inclusion of any link does not imply or otherwise constitute endorsement by Bark’N’Borrow of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by Bark’N’Borrow. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
Limitation of Liability and General Release
By agreeing to provide, receive or otherwise participate in Dog-Related Services as a Member or other user, you expressly assume the risk of any damages, including without limitation property damages or personal injury, which you or anyone else present in your residence may suffer. It is the sole responsibility of Members to make decisions that are in the best interests of themselves and the pets in their care. It is strongly recommended that all Members schedule a ‘Meet-n-Greet’ before providing or receiving Dog-Related Services to mitigate as many risks as possible and discuss any potential complications or specific accommodations.
Should you agree to offer Dog-Related Services (including without limitation if you have any children under the age of 18 at your home), you agree and acknowledge as follows:
- Borrowers: You agree that you are and your children/child/ward are voluntarily agreeing to provide Dog-Related Services including without limitation to board or otherwise handle a dog belonging to another Member at your home or some other location. You are assuming, on behalf of yourself and/or your children/child/ward, all risk of personal injury, death or disability to you and/or your child/ward that might result or arise from the Dog-Related Services, or any damage, loss or harm to your person or personal property which you or your children/child/ward may incur. You understand the risks that come with boarding or handling a dog who is not accustomed to you, your children/child/ward, and your home or other location and that such boarding or handling has inherent risks;
- Dog Owners: You agree that you are and any co-owners are voluntarily agreeing to provide or receive Dog-Related Services to or from another Member at their home or some other location. You are assuming, on behalf of yourself, any co-owners and your dog, all risk of injury, death or disability to your dog that might result or arise from the Dog-Related Services, or any damage, loss or harm to the person or personal property of another which your dog may incur. You understand the risks that come with providing and receiving the Dog-Related Services to a Member or another who is not accustomed to your dog, to whom your dog is not accustomed and in a location to which your dog is not accustomed and that such boarding or handling has inherent risks;
- You agree on behalf of yourself and/or your children/child/ward and your/their personal representatives, successors, heirs, and assigns to hold Bark’N’Borrow, its affiliates, officers, directors, agents, employees, and members (collectively, the ‘Releasees’) harmless from any and all claims or causes of action arising out of the Dog-Related Services or other boarding or handling of a dog via use of the Site. You expressly release and discharge Releasees from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury or death to you and/or your children/child/ward, while a dog is boarding in your home or you otherwise provide or receive any Dog-Related Services. If you are a California resident, you, on behalf of yourself and/or your children/child/ward and your/their personal representatives, successors, heirs, and assigns, waive California Civil Code Section 1542, which says: ‘A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.’ This release is valid and effective whether the damage, loss or death is a result of any act or omission on the part of any of Releasees or from any other cause. This waiver and release of all liability includes, without limitation, any injuries, illness, or accidents, which may occur as a result of the dog boarding in your home or any other Dog-Related Services. By using the Site, you understand that you voluntarily give up your right to sue the above-mentioned parties.
YOU AGREE NOT TO HOLD BARK’N’BORROW OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, ‘LIABILITIES’) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH (A) ANY INSTRUCTION, ADVICE, ACT OR SERVICE PROVIDED BY BARK’N’BORROW OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS, (B) ANY DESTRUCTION OF PERSONAL INFORMATION, (C) ANY DISPUTE WITH ANY MEMBER OR OTHER USER OF THE SITE, (D) MEMBERS’ FAILURE TO PROVIDE SERVICES OR PROVISION OF INCOMPLETE OR POOR SERVICES, (E) ANY INJURIES OR HARM SUFFERED BY YOU OR ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION YOUR FAMILY, FRIENDS OR OTHER UNRELATED PARTIES), (F) ANY INJURIES OR HARM SUFFERED BY ANY DOGS OR OTHER PETS, (G) ANY DAMAGE OR HARM TO REAL OR PERSONAL PROPERTY, OR (H) ANY OTHER CONDUCT, ACT OR OMISSION OF ANY OTHER PARTY, INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, OR DESTRUCTION OF PROPERTY.
UNDER NO CIRCUMSTANCES SHALL BARK’N’BORROW OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE DOG-RELATED SERVICES, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THIS SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BARK’N’BORROW HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THE SITE, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT BARK’N’BORROW OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00), EXCLUDING ANY OBLIGATIONS TO PAY AMOUNTS OR REFUNDS TO MEMBERS PURSUANT TO THESE TERMS.
You agree that the limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. You also expressly acknowledge and agree that Bark’N’Borrow has set its prices and entered into these Terms in reliance upon the limitations of liability specified herein, which allocate the risk between you and Bark’N’Borrow and form an essential basis of the bargain between the parties.
Disclaimer of Warranties
THE SITE AND CONTENT PROVIDED ON THE SITE ARE PROVIDED ‘AS IS,’ AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, BARK’N’BORROW AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AS WELL AS ITS THIRD PARTY PROVIDERS, HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SITE, THE MEMBERS, THE DOG-RELATED SERVICES, THE CONTENT, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. BARK’N’BORROW AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR CONTENT ASSOCIATED WITH THE SITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE SITE AND/OR THE CONTENT ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BARK’N’BORROW AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY DOG-RELATED SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE, SECURE OR OTHERWISE OBTAIN THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; OR (C) ANY SOFTWARE OFFERED VIA THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER BARK’N’BORROW NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SITE AND/OR CONTENT ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. BARK’N’BORROW IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY BARK’N’BORROW. BARK’N’BORROW EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF DOG-RELATED SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE SITE. YOU USE DOG-RELATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID DOG-RELATED SERVICES. LICENSING AND CERTIFICATION REQUIREMENTS (OR THE ABSENCE THEREOF) FOR SOME OR ALL OF THE DOG-RELATED SERVICES OFFERED BY MEMBERS VARY WIDELY BY STATE, COUNTY, CITY, MUNICIPALITY OR TOWNSHIP. BARK’N’BORROW MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF THE MEMBERS OFFERING OR SOLICITING DOG-RELATED SERVICES THROUGH THE SITE HAVE COMPLIED WITH ANY APPLICABLE STATE, COUNTY OR MUNICIPAL LAW, STATUTE, ORDINANCE OR REGULATIONS. BARK’N’BORROW EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBER OR OTHER THIRD PARTY.
You shall defend indemnify and hold harmless Bark’N’Borrow and its affiliates, directors, officers, employees, agents, and Third Party Providers (collectively, the ‘Indemnified Parties’) against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Indemnified Parties in connection with a claim by any third party related to you or your use of the Site or Dog-Related Services. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the relevant Indemnified Parties. Bark’N’Borrow and its affiliates, directors, officers, employees, agents, and Third Party Providers shall have no indemnification obligation or other liability for any claim of infringement arising from (i) use of the Site and/or the Content associated with the Site other than in accordance with these Terms; (ii) the combination of the Site and/or Content associated with the Site with any other products, services, or materials; or (iii) any third party products, services, or materials.
Notwithstanding the other provisions of these Terms, Bark’N’Borrow offers the following protections during the provision of Dog-Related Services (the ‘Insurance Program’). To the extent permissible by applicable law in your jurisdiction, Bark’N’Borrow reserves the right to modify or terminate the Insurance Program, at any time, in its sole discretion, and without prior notice. If Bark’N’Borrow terminates the Insurance Program in accordance with the foregoing, Bark’N’Borrow will provide you with notice of such termination and Bark’N’Borrow will continue to process claims under the Insurance Program filed prior to the effective date of termination. If Bark’N’Borrow modifies the Insurance Program, we will post the modification on the Site or provide you with notice of the modification and Bark’N’Borrow will continue to process all claims filed prior to the effective date of the modification. Such modifications may include, without limitation, conditions on your eligibility under the Insurance Program. By continuing to access or use the Site as a Member after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Insurance Program. If the modified Insurance Program is not acceptable to you, your only recourse is to cease using the Site.
Please note that, without limitation, the Insurance Program does not cover issues that may arise with respect to pets with pre-existing conditions or any of the following conditions:
- If a pet has or had any condition, whether diagnosed by your veterinarian or not, before, during or after a Dog-Related Service, it is considered pre-existing. This can include: respiratory infections, urinary tract/bladder infections, blood disorders, vomiting, feline immunodeficiency or leukemia virus, diarrhea, glaucoma and other gastrointestinal disorders.
- If a pet has been diagnosed with a disease of an anatomical area where the underlying cause was undetermined any diagnosis of the same area would not be covered. For example, gastritis and colitis are both general diagnoses of inflammation, but do not get at the cause of the disorder.
If your pet has had any of the following conditions prior to Dog-Related Services or your pet is diagnosed with any of these conditions our Insurance Program will not apply:
- Any orthopedic condition including without limitation luxating patellas, hip dysplasia, elbow dysplasia, and OCD, orthopedic illness or injury on the opposite side of a prior injury. Chronic conditions including, but not limited to, allergies, cancer, diabetes, lipomas or skin lumps, hyperthyroidism or hypothyroidism, urinary or bladder crystals or blockage.
- Breed-specific conditions: A genetic condition is caused by a defect in the underlying genes that are transmitted to a puppy or kitten from its parents. These gene defects run in families and some breeds have many more of them than other breeds, hence the term breed-specific condition.
Note: Treatment for many breed-specific conditions requires corrective surgery and some are also chronic conditions that require ongoing care. Among the most common breed-specific conditions are: hip and elbow dysplasia (common in German Shepherds, Golden Retrievers, Labrador Retrievers, Great Danes and other large/giant breed dogs), patellar luxation (common in Poodles, Yorkshire Terriers, Pomeranians, Chihuahuas, Boston Terriers, Cavalier King Charles and other toy/small breed dogs), interverterbral disc disease (IVDD) Spinal (ruptured, herniated) disc issues (common in Dachshunds, Bassett Hounds, French Bulldogs, Pomeranians, Corgis, Pugs and other chondrodystrophic breeds), cancer, allergies.
- Chronic conditions: Chronic conditions persist or last for several months (often for years). They generally cannot be prevented by vaccines or cured by medication, nor do they just disappear. Common conditions include: allergies, cancer, diabetes, IBD (inflammatory bowel disease), Addison’s disease, Cushing’s disease, dry eyes (KCS), epilepsy, glaucoma, hypothyroidism, Orthopedic issues such as arthritis, IVDD & cruciate ligament tears. Non-medical related treatment (professional training, etc) is not eligible for coverage.
Dog-Owner loss of wages or incidental expenses due to required follow up medical treatment for their pet is not eligible for coverage. Bark’N’Borrow is not liable for any costs incurred by a Member in the event that they need to adjust and/or cancel travel plans due to unforeseen circumstances (i.e. hotel fees, plane tickets, gas for travel, etc).
It is the each Member’s responsibility to determine whether a pet has any of the foregoing conditions, and Bark’N’Borrow will have no liability or responsibility for any issues that may arise from the foregoing conditions. If any medical care is required to be provided to the pet and such care is covered by the Insurance Program, the Member, as applicable, will be responsible for paying the applicable $250 out of pocket expense. If you believe that any incident is covered under the Insurance Program, you must provide us with written notice of the incident and your belief that it is covered by the Insurance Program, along with all material documentation available to you evidencing the foregoing (e.g., invoices and veterinary (DVM) notes from the initial veterinary examination), within seven (7) days after the end date of the corresponding Dog-Related Service. For example, if the end date of the Dog-Related Service was January 1, 2016, Bark’N’Borrow must be notified of the incident and provided all such documentation by no later than January 8, 2016 in order for any such incident to be potentially eligible under our Insurance Program.
The Insurance Program does not cover any incidents arising outside of Dog-Related Services.
In the event that a Dog-Owner’s pet does require medical treatment as the result of Dog-Related Services, Bark’N’Borrow will not offer any additional coverage should that pet require treatment for further damage as the result of Dog-Owner negligence. For example, if a pet is to have surgery and the Dog-Owner does not allow it the proper amount of time to rest and heal (especially if instructed by a vet to keep the pet confined to bed rest for a duration of time), Bark’N’Borrow will not be responsible for any additional treatment that may result from further injury.
It is every Dog-Owner’s responsibility to have his/her pets up to date on a form of flea and tick control. Members acknowledge and agree that, to the extent any situation arises where the Dog-Owner’s pet introduces fleas/ticks, the Dog-Owner shall be held responsible for all costs associated with fleas and/or flea/tick prevention. It is the responsibility of all Members to disclose any knowledge of flea/tick issues associated with pets to other Members before any Dog-Related Service is rendered.
Termination and Account Cancellation
Bark’N’Borrow may, in its sole discretion and without liability to you, with or without cause, with or without prior notice and at any time: (i) terminate these Terms or your access to our Site, and (ii) deactivate or cancel your Bark’N’Borrow Account or registration or similar uses of the Site. Bark’N’Borrow’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. Bark’N’Borrow may provide notice of termination by regular mail or email. You may cancel your Bark’N’Borrow Account at any time by sending an email to email@example.com. Please note that if your Bark’N’Borrow Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site.
Notice for Users in California
This notice is for users of the Site residing in the State of California. Please be advised that the Complaint Assistance Unit of the Consumer Information Division of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
Intellectual Property Rights
All materials provided on the Site, including but not limited to Content, information, documents, products, logos, graphics, sounds, images, compilations, and other materials are protected by international copyright and trademark laws. The owner of the copyrights and trademarks, names, logos and service marks are Bark’N’Borrow, its affiliates or respective third party authors, developers or vendors (‘Third Party Providers’). Except as stated herein, none of the materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Bark’N’Borrow and/or a Third Party Provider. Also, you may not ‘mirror’ or ‘archive’ any Content displayed on or otherwise accessible from the Site on any other server without the prior express written permission of Bark’N’Borrow.
Copyright Complaints and Copyright Agent
Owners of copyrights or their agents that believe anything posted on this Site infringes upon said copyrights must submit a notice including the following information pursuant to the Digital Millennium Copyright Act (‘DMCA’) to Bark’N’Borrow immediately upon discovery:
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Services where the material you claim is infringed is located. Include enough information to allow Bark’N’Borrow to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists â€” for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Any notices given pursuant to the DMCA shall be given to the designated agent of the Site at firstname.lastname@example.org or via registered, United States mail sent return receipt to:
Attn: DMCA Compliance Agent
8335 Sunset Boulevard, Suite 202
West Hollywood, CA 90069
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, except as expressly set forth herein, Bark’N’Borrow is not acting as an agent for any Member or any other user or visitor of the Services or the Site. The Site merely provides a marketplace and forum for Members to connect.
Parental Control Protections
Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that there are commercially available parental control protections (such as computer hardware, software or filtering services) that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://internet-filter-review.toptenreviews.com.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California, without regard to its conflict-of-law provisions. You and Bark’N’Borrow agree to submit to the personal jurisdiction of a state court located in Los Angeles County, California or a United States District Court located in Los Angeles, California for any actions for which the parties retain the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below and shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.
Dispute Resolution & Waiver of Jury Trial
You and Bark’N’Borrow agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Site (‘Dispute’), will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Either you or Bark’N’Borrow may elect to have such Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND BARK’N’BORROW ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow the law of the State of California, and any award may be challenged if the arbitrator fails to do so. In addition to the exclusions above, you and Bark’N’Borrow may initiate action in the state or federal courts in Los Angeles County, California to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Notwithstanding the provisions of the ‘Access and Compliance’ section above, if Bark’N’Borrow changes this ‘Dispute Resolution & Waiver of Jury Trial’ section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the ‘Last Updated’ date above or in the date of Bark’N’Borrow’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Bark’N’Borrow in accordance with the provisions of this ‘Dispute Resolution & Waiver of Jury Trial’ section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
You acknowledge and agree that you and Bark’N’Borrow are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Bark’N’Borrow otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
You may not assign these Terms without the prior written approval of Bark’N’Borrow. Any purported assignment in violation of this section shall be void. Bark’N’Borrow reserves the right to use Third Party Providers in the provision of the Site and/or the Content associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court or arbitral forum costs and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that Dispute. Bark’N’Borrow reserves any and all rights not expressly granted herein.
Copyright and Trademark Notices
All Content of the Site is copyrighted Â© Bark’N’Borrow, Inc. All rights reserved. Other product and company names may be trademarks or service marks of their respective owners.
IF YOU DO NOT AGREE TO THESE TERMS OR ANY INDIVIDUAL TERM STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT AND STOP USING THE SITE IMMEDIATELY.