Please read these Terms and Conditions ("Terms," "Terms and Conditions") carefully before using the Barkbus.com website or obtaining pet grooming services through the Barkbus.com website (together, or individually, the "Service"). The Service is offered by Barkbus LLC, a Delaware limited liability company (“Barkbus,” "us," "we," or "our").
These Terms constitute a legally binding agreement between Barkbus and you concerning your use of the Service. We encourage you to print these Terms or save them to your device or computer for reference. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service. By accessing or using the Service you also agree to be bound by the separate Privacy Policy. You also agree to comply with all laws and regulations applicable to your use of our Service. This means, among other things, that you will ensure your pets are vaccinated, licensed, identifiable and/or microchipped as required by local law, and that you have obtained and will maintain any and all mandatory insurance coverage concerning the pets you entrust to our care.
Dispute Resolution and Mandatory Arbitration
Customer Service. We encourage you to seek resolution of any “Claim” by first contacting us at the contact information below. “Claim(s)” means any dispute of any kind between you and us, or any of our owners, officers, managers, directors, employees, agents, partners, suppliers, consultants, representatives, affiliates, successors, or assigns (collectively, “Company Entities”) related to or arising out of these Terms, the Privacy Policy, or the Service. If we cannot reach an informal resolution, the arbitration provisions below will govern.
Binding Arbitration and Waiver of Class Actions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE TO RESOLVE ALL CLAIMS AGAINST EACH OTHER OR AGAINST COMPANY ENTITIES BY BINDING ARBITRATION. ANY ELECTION TO ARBITRATE BY ONE PARTY SHALL BE FINAL AND BINDING ON THE OTHER. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. THE PARTIES AGREE TO WAIVE ANY RIGHT TO JOIN CLAIMS WITH OTHERS OR OTHERWISE PROCEED IN A CLASS ACTION OR REPRESENTATIVE CAPACITY. YOU ACKNOWLEDGE THAT, WITHOUT THIS PROVISION, YOU WOULD HAVE HAD THE RIGHT TO SUE IN COURT WITH A JURY OR PARTICIPATE IN A CLASS ACTION. EACH PARTY KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVES ANY RIGHT EACH MAY HAVE TO A TRIAL BY JURY OR TO A CLASS ACTION. This arbitration provision will be governed by the Federal Arbitration Act and federal arbitration laws. The arbitration shall be administered by JAMS pursuant to its “Streamlined Arbitration Rules and Procedures,” and the arbitrator shall apply applicable federal, state, or local laws. For more information, see www.jamsadr.com. The arbitration may be conducted in person or via document submission, telephone, or email, but unless you and Barkbus agree otherwise in writing, the arbitration location shall be at the JAMS facility located in or nearest to your city of residence. The parties each waive any objection to personal jurisdiction and venue. Upon request, we will pay your initial consumer arbitration fee of $250 to JAMS; however, if the arbitrator finds that your claim or the relief sought is frivolous or brought for an improper purpose, you will be responsible for reimbursing us for the initial arbitration fee, without limiting any other remedy available to us. The remaining costs of arbitration (including any remaining JAMS case management fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If JAMS is unavailable to arbitrate a dispute or claim, you and Barkbus agree to arbitrate using an alternative arbitral forum. Regardless of the outcome of the arbitration, you and Barkbus will each pay our own attorneys’ fees unless an award of attorneys’ fees is available under applicable statute. Notwithstanding this arbitration provision, you may assert a Claim on an individual basis in small claims court if the Claim seeks $2,500 or less.
Provisional Remedies, Venue. THIS AGREEMENT TO ARBITRATE DOES NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION, INCLUDING ORDERS TO STAY COURT ACTION OR COMPEL ARBITRATION, OR FROM APPLYING TO A COURT FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION, INCLUDING TO PRESERVE INTELLECTUAL PROPERTY RIGHTS, IN STATE OR FEDERAL COURTS IN LOS ANGELES, CALIFORNIA. THE PARTIES WAIVE ANY OBJECTION TO PERSONAL JURISDICTION AND VENUE IN LOS ANGELES, CALIFORNIA.
Choice of Law. SUBJECT TO THE ABOVE, THESE TERMS SHALL BE INTERPRETED AS THOUGH EXECUTED IN LOS ANGELES, CALIFORNIA AND SHALL BE GOVERNED BY CALIFORNIA LAWS WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. While Barkbus reserves the right to remove content from the Service, such as for errors, it does not assume any obligation to do so and disclaims any liability for failing to do so.
Prohibited Activities
In using the Service you agree not to: (i) copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) use any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional online website; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (v) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure; (vi) upload invalid data, viruses, worms, or other software agents through the Service; (vii) collect or harvest any personally identifiable information from the Service, except as expressly permitted by the features of the Service; (viii) use the Service for any commercial solicitation purposes; (ix) impersonate another person or otherwise misrepresent your affiliation with a person or entity, including in creating and using an account, conducting fraud, hiding, or attempting to hide your identity; (x) interfere with the proper working of the Service; (xi) access any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; and (xiii) create or use an account without proper authorization.
Intellectual Property
The Service and its features and functionality are and will remain the exclusive property of Barkbus and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Barkbus.
Accounts
As part of the Service, you may be able to save information about you or your pet, such as by creating an account. If you create an account, you warrant that your information is accurate and authorized. You are solely responsible for your account activity and your account confidentiality; you must notify us of suspicious or unauthorized account activity, and we disclaim all liability for use of your account. It is your responsibility to maintain the accuracy of information in your account. You may not allow anyone else to use your login credentials to access your account. We also retain the right to terminate or suspend your account, such as if you violate these Terms.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, the arbitration requirement, ownership and intellectual property provisions, warranty disclaimers, indemnity, miscellaneous terms, and limitations of liability.
Bookings
A “Booking” occurs when you utilize the booking mechanism on the Barkbus website and then complete the client intake form and receive an appointment time. If you request a Booking, you agree that we are not obligated to accept your request and may decline it at our sole discretion. If your Booking request is accepted, you acknowledge that you agree to honor the price and other terms of that Booking. Our Bookings have a twenty-four (24) hour cancellation policy. If you wish to cancel a Booking that is less than twenty-four (24) hours away, you may contact us via our Contact Form and we may, in our sole discretion, choose to cancel the Booking. Bookings canceled with less than twenty-four (24) hours’ notice will result in a charge for the full amount of the Booking. This cancellation policy may not apply in certain emergency situations. In such situations we may, in our reasonable discretion, issue a refund.
We do not provide grooming services to dogs who meet any of the following criteria: (i) at the time of the Booking, the dog has an open wound, contagious or infectious disease and/or has had surgery within the fourteen days prior to the Booking; (ii) the dog has a history of aggressive behavior towards humans and/or other dogs, including but not limited to a history of imminent threats or biting; (iii) the dog does not have an up-to-date vaccination record, including vaccines for Bordetella and rabies; or (iv) the dog has behavioral issues including but not limited to a propensity to attack people, pets, or property and/or becomes stressed when confined to small spaces. You acknowledge that we are relying on you to inform us if any of these apply to your pet, and agree to provide us with current vaccination records at or before the time of the Booking. We reserve the right to cancel the Booking at any time, including at the time of service. Appointments cancelled less than twenty-four (24) hours’ prior to the Booking for this reason are non-refundable, except in our sole discretion.
Before, during, and/or immediately after the Booking, we may photograph your pet and use those photographs for marketing purposes, including on social media. By using the Service, you consent to have your pet photographed and acknowledge that any such photographs will be the sole and exclusive property of Barkbus, and that we may use publish these to third parties (including on social media) in our sole discretion, pursuant to the provisions of our Privacy Policy. You may opt out of having your pet’s photograph taken during the Booking by emailing us prior to your Booking at legal@barkbus.com.
During your Booking, we will use precautions while handling and grooming your pet to prevent injury to your pet and/or others. However, injury to your pet is still possible. This includes, but is not limited to, stress, skin irritation, nausea, nicks, allergic reactions, activation of previously unknown or inactive conditions, etc. In our sole discretion, we may determine that the Booking cannot be completed as scheduled, and/or may shorten the grooming in an effort to minimize injury to your pet and/or others.
Barkbus may be required (such as by state or local laws) to report to the applicable authorities if certain issues arise, for example, if during the Booking, your pet bites or causes injury to any of our groomers, any other person, or (in some cases) other pets. By using the Service, you acknowledge and understand that if your pet bites or injures a person or another animal (or there is another issue requiring reporting), we may report this to the relevant authorities. In some rare cases, where required by law, we may be obligated to surrender the animal to an applicable government agency, animal shelter, or veterinarian. You can read more about what information we may disclose by reviewing our Privacy Policy.
Referral Program
We may offer some users the opportunity to refer other customers to use our Service. This referral program (our “Referral Program”) is offered at our sole discretion, and is subject to change or cancellation at any time. Only individuals are eligible to participate in our Referral Program. Businesses, including lead generation services, are ineligible. We do not offer a Referral Program for affiliates. For an eligible user (an “Eligible User”) to earn rewards under our Referral Program, the Eligible User must make a Qualified Referral, which is defined as a referral of an individual who uses the Eligible User’s unique referral code while booking an appointment with us (or else books an appointment in the same browser session while accessing the Website via the Eligible User’s unique referral link), and then successfully completes the Booking with us. The Booking must be the Qualified Referral’s first appointment with us. Referrals made by Eligible Users to themselves, or to others within their household, are not Qualified Referrals. Each Eligible User may receive rewards for a maximum of twenty-three (23) Qualified Referrals per calendar year. Rewards will be issued to the Eligible User’s account as a promotional credit, which may be used to pay for future Bookings, but cannot be redeemed for cash and has no cash value. These promotional credits expire after two years if not redeemed earlier. Multiple promotional credits can be redeemed on a single Booking, up to the cost of the Booking. Eligible Users are responsible for determining any and all tax liability resulting from receipt of promotional credits. If you choose to participate in the Referral Program, you must comply with all applicable “SPAM” laws. You may not distribute a referral link or code in a bulk email distribution. Any distribution of your referral code or link that could constitute a commercial email, or could violate any applicable SPAM law, is expressly prohibited and will result in your immediate disqualification of this program, and possibly suspension of your account. If we determine, in our sole discretion, that you have received a credit for a referral which was not for a Qualified Referral, we reserve the right to revoke the promotional credit that resulted from this referral, without any additional notice to you. If you believe that a technical error has resulted in you not receiving a promotional credit to which you believe you should be entitled, please contact us at info@barkbus.com. We may, at our sole discretion, choose to provide you with a promotional credit notwithstanding the technical error.
Late Fees and Other Charges
If you fail to retrieve your pet at the end of the Booking, you will be charged for additional service time at the hourly rate charged by the groomers and/or employees in whose care your pet has been entrusted. In addition, you agree to indemnify us from any and all costs and expenses we incur as a result of your failure to retrieve your pet at the end of the service period.
Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend (with counsel reasonably acceptable to us), and hold harmless Barkbus and its licensees and licensors, and our/their employees, contractors, agents, officers, and managers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use of or access to the Service, including your account; b) your violation of these Terms or any applicable law; or c) your misrepresentations regarding your pet, including about your pet’s vaccination status or history of causing injury or disease.
Additionally, to the maximum extent permitted by law, you agree to indemnify, defend (with counsel reasonably acceptable to us), and hold harmless Barkbus and its licensees and licensors, and our/their employees, contractors, agents, officers, and managers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) resulting from or arising out of: a) injuries your pet causes to another pet in our care; b) damages to property caused by your pet; c) injuries your pet causes any person including any Barkbus employee, agent, customer, groomer, or affiliate; and/or d) any nuisances, quarantine expenses, or other costs created by your pet.
Limitation of Liability
IN NO EVENT SHALL BARKBUS, NOR ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, INCLUDING YOUR ACCOUNT; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARKBUS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER RESULTING FROM OUR REPORT OF ANY INJURY CAUSED BY YOUR PET, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE, INCLUDING OUR BOOKINGS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR ACCOUNT AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) ANY USER OR OTHER THIRD-PARTY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY; (VIII) ANY INJURY OR ILLNESS OF YOUR PET WHILE IN OUR CARE; (IX) ANY INJURY, ILLNESS, OR LOSS OF YOUR PET RESULTING FROM OUR ATTEMPT TO PROVIDE YOUR PET WITH CARE IN THE EVENT OF AN EMERGENCY; AND/OR (X) THE LOSS AND/OR DEATH OF YOUR PET WHILE IN OUR CARE. IN NO EVENT SHALL BARKBUS, ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING $100.00.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BARKBUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Disclaimer
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
BARKBUS AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION OR BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Abandoned Pets
If you schedule a Booking with us and then fail to retrieve your pet at the conclusion of our grooming services, you agree that Barkbus may, in its sole discretion, place the pet in foster care, transfer care to animal control or other law enforcement agencies, or arrange for other alternative care. Barkbus may also notify applicable governmental enforcement agencies and law enforcement of the abandonment, as required by law or to ensure that the pet is not classified as “unowned.” You agree to reimburse Barkbus for all costs and expenses associated with such actions. Additionally, Barkbus expressly reserves the right to remove a pet from our care, should we deem it necessary for the safety of your pet, another pet in our care, and/or any Barkbus employees, agents, groomers, customers, and/or affiliates. In such situations, we will use reasonable efforts to contact you before removing your pet from our care.
You authorize your pet’s veterinarian to release your pet’s veterinary records to us in the event that your pet is relocated.
Emergencies
You hereby authorize us to obtain and authorize the provision of veterinary or other emergency care for your pet if you cannot be reached to authorize care yourself in an emergency situation. In such case, you also authorize your pet’s veterinarian to release your pet’s veterinary records to us. You are responsible for the costs of any medical or emergency care or treatment reasonably authorized for your pet on your behalf.
In some (but not all) cases, Barkbus’s employees and/or groomers may attempt to provide care to your pet in an emergency situation, either in lieu of or in addition to reaching out to a veterinarian. You authorize us to provide such care on your pet’s behalf.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time by posting a new version via the Service. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and will be bound by the prior terms.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C. §512(c)(3) for further details): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., webpage address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Service where the material that you claim is infringing is located; your address, telephone number, and email 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 above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. We may terminate your account or use of the Service if you are a repeat infringer under a repeat infringer policy. If you are the subject of a complaint, you may file a counter-notice pursuant to the DMCA.
Miscellaneous Terms
These Terms constitute the entire agreement between the parties as to the matters in these Terms and supersede any prior agreements. These Terms do not create any agency, partnership, employer, or joint venture relationship. Use of the Service, including creation and use of an account, constitutes your consent to receiving communications from us, including emails with marketing offers and information about your account. The parties shall not be liable for any event beyond that party’s reasonable control, such as a war, epidemic, natural disaster, government order or regulation, explosion, fire, strike, act of God, or other force majeure event. If any provision of these Terms is ruled to be invalid or unenforceable, the remainder of the Terms shall continue to be valid and enforceable, and to this end these Terms are severable.
Contact Us
If you have any questions about these Terms or the Service, please contact us at legal@barkbus.com.
