Terms & Conditions

TERMS USED

Business Day means any day which is not a Saturday, Sunday or public federal holiday in the United States of America.

Pet Owner means pet owners or pet care-givers using Barkily website and mobile apps to attend the needs of a pet.

Service Provider means any business or individual that use Barkily website and mobile apps to serve the needs of pets or solicit sale of any product or services to Pet Owners.

Information means the information made available to the Member by Barkily via the Website or such other tools as may be used from time to time including, but not limited to, emails, SMS and mobile app or website message notifications .

Login Details means the user name and password of each Member.

Content means Feedback, Reviews, References and any other content of any nature uploaded by a Pet Owner or Service Provider to the Website or mobile applications of Barkily. Content includes text, graphics, images, music, software, audio, video, information, documents, compilations, data or other materials.

Data means the data inputted by the Pet Owner or Service Provider, or by Barkily on the anyone's behalf, for the purpose of using the Barkily mobile apps, website or web application

Privacy Policy means Barkily' privacy policy, as amended from time to time.

Virus means any thing or device including any software, code, file or programme which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise; or adversely affect the user experience of the Website, Subscription Services and/or Information, including worms, trojan horses, viruses and other similar things or devices.

Host means a person who completes Barkily's account registration process and creates a Listing via the Site.

Host related services means pet-related services provided by Hosts.

Listing means a Host-provided service that is listed by a Host via the Site.

Terms and Conditions

Barkily (hereafter referred to as "Barkily", "Barkily.com", "we", "us", or "our") provides an online platform that connects dog owners with product and service providers for pets through the website and mobile apps of Barkily.

The Site is intended solely for persons who are 18 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.

You understand and agree that we may change the Terms from time to time, and that any such changes will be effective immediately (except as it might otherwise specifically described in the agreement below) when we post the modified Terms on the Barkily.com Service Agreements webpage. Your continued access and use of the Barkily.com Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.

• Acceptance of Terms; Modifications. These Terms of Service (the “Terms”) are a binding legal agreement between you and Barkily, Inc. (“Barkily.com,” “we,” “us” and “our”). The Terms govern your use of our software applications, resources and services for pet owners and pet service providers to find each other, communicate with each other, and arrange for the provision of pet care services (collectively, our “Barkily.com Service”). The Terms govern all use of the Barkily.com Service, whether you access it from our website at https://www.Barkily.com (the “Site”), our mobile applications and mobile websites, our Facebook application, our online or phone support offerings, or any other access point we make available to you. BY ACCESSING OR USING THE BARKILY.COM SERVICE, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE BARKILY.COM SERVICES via any means.
• Barkily Services. The Barkily.com Service consists of a desktop Web application, mobile applications, and other related tools, support and services that pet owners (“Pet Owners”) and providers of pet-related products and services (“Service Providers”) can use to find, share data with, communicate with and interact with each other.
  • Barkily.com does not provide any Pet Products, Pet Care or Medical Services. Barkily.com is a neutral venue for Service Providers and Pet Owners. Barkily.com is not a Service Provider and, except for informational resources, articles, and other resources and support specifically described in the Barkily.com Service, does not provide pet care services or products. We make no representations or warranties about the quality of pet products, veterinary services, pet boarding, pet grooming, pet sitting, dog walking, house sitting, transportation, or other services provided by Service Providers (“Pet Care Services”), or about your interactions and dealings with users.
  • Barkily.com does not employ, recommend or endorse Service Providers or Pet Owners, and we will not be responsible or liable for the performance or conduct of Service Providers or Pet Owners, whether online or offline. You should exercise caution and use your independent judgment before engaging a Service Provider, providing services, or otherwise interacting with users via the Barkily.com Service. Pet Owners and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each user of the Barkily.com Service is responsible for keeping current his or her own pet’s vaccinations, laboratory tests and we will have no liability for anyone’s failure to vaccinate his or her pet.
• Barkily Release. We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Service Providers and Pet Owners, whether online or offline. You acknowledge and agree that YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
  • Limitation of Liability and Release. By agreeing to serve as a Pet Service Provider on Barkily, you expressly assume the risk of any damages, including property damages or personal injury, which you or anyone else present in your residence may suffer. It is the sole responsibility of Members and Pet Service Providers to make decisions that are in the best interests of themselves and their pets. It is strongly recommended that all Service Providers and Pet Owners schedule a "Meet-n-Greet" with all pets and pet owners before providing any service such as pet grooming, medical care, pet boarding or other Pet Related Services to mitigate as many risks as possible.
  • Acknowledgement of Risks for Minors. Should you agree to serve as a Service Provider om Barkily (including without limitation if you have any children under the age of 18 at your home, service location or workplace), you agree and acknowledge as follows: You agree that you are and your children/child/ward are voluntarily agreeing to board or otherwise handle a pet belonging to another at your home or some other location. To the maximum extent permitted under applicable law, 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 boarding or handling of this pet, or any damage, loss or harm to your reason or personal property which you or your children/child/ward may incur, in each case except as provided in the Insurance Program. You understand that the risks that come with boarding or handling a pet who is not accustomed to you, your children/child/ward, and your home or other location and that it has inherent risks; and You agree on behalf of yourself and/or your children/child/ward and your/their personal representatives, successors, heirs, and assigns to hold Barkily, 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 boarding or handling of this dog, except as provided in the Insurance Program. 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 the pet is boarding in your home or you otherwise provide any Host-Provided Services, except as provided in the Insurance Program. 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 pet boarding in your home or any other Host-Provided Services, except as provided in the Insurance Program. By proceeding with this transaction or otherwise using the Site, you understand that you voluntarily give up your right to sue the above mentioned parties within the scope of the foregoing release.
  • WHETHER YOU ARE A PET OWNER, SERVICE PROVIDER, EXCEPT AS PROVIDED IN THE INSURANCE PROGRAM, YOU AGREE NOT TO HOLD BARKILY 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 BARKILY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS, (B) ANY DESTRUCTION OF YOUR INFORMATION, (C) ANY DISPUTE WITH ANY OTHER USER OF THE SITE, (D) HOSTS' 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 MEMBERS, 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 BARKILY 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 HOST-PROVIDED 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 BARKILY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS 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 BARKILY 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 TO HOSTS OR REFUNDS TO MEMBERS PURSUANT TO THESE TERMS AND EXCEPT AS PROVIDED IN THE INSURANCE PROGRAM.
  • 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 Barkily 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 Barkily and form a 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, BARKILY 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 HOSTS, THE HOST-PROVIDED 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. BARKILY 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, BARKILY 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 HOST-PROVIDED 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 BARKILY 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. BARKILY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY BARKILY. BARKILY EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF HOST-PROVIDED SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE SITE. YOU USE HOST-PROVIDED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID HOST-PROVIDED SERVICES. LICENSING AND CERTIFICATION REQUIREMENTS (OR THE ABSENCE THEREOF) FOR SOME OR ALL OF THE HOST-PROVIDED SERVICES OFFERED BY HOSTS WIDELY VARY BY STATE, COUNTY, CITY, MUNICIPALITY OR TOWNSHIP. BARKILY MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF THE HOSTS OFFERING HOST-PROVIDED SERVICES THROUGH THE SITE HAVE COMPLIED WITH ANY APPLICABLE STATE, COUNTY OR MUNICIPAL LAW, STATUTE, ORDINANCE OR REGULATIONS. NOTWITHSTANDING BARKILY'S APPOINTMENT AS THE LIMITED AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM MEMBERS ON BEHALF OF THE HOSTS, BARKILY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY HOST, MEMBER OR OTHER THIRD PARTY, EXCEPT AS PROVIDED IN THE INSURANCE PROGRAM.
• Indemnification. You shall defend indemnify and hold harmless Barkily 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 Indemnified Parties in connection with a claim by a third party related to you or your use of the Site or Host-Provided Services, except as provided in the Insurance Program. 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. Barkily 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 (a) use of the Site and/or the Content associated with the Site other than in accordance with these Terms; (b) the combination of the Site and/or Content associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.
• 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 Division of Consumer Services 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 Barkily, 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 Barkily 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 Barkily.
• Copyright Complaints and Copyright Agent. Owners of copyrights or their agents that believe anything posted on this Site infringes upon said copyrights will submit a notice including the following information pursuant to the Digital Millennium Copyright Act ("DMCA") to Barkily 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 Site where the material you claim is infringed is located. Include enough information to allow Barkily 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 -- 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 [email protected] or via registered, United States mail sent return receipt to: Barkily ([email protected]) Attn: DMCA Compliance Agent 5663 Balboa Ave #380 San Diego CA 92111
• Transactions are between Pet Owners and Service Providers. Barkily.com Service may be used to find and offer Pet Care Products & Services and to facilitate payment, but all transactions conducted via the Barkily.com Service are between Pet Owners and Service Providers. You agree that Barkily.com has no liability for damages associated with Pet Care Services (which may include bodily injury to, or death of, a pet or a human) or resulting from any other transactions between users of the Barkily.com Service.
• Pet Owners are Solely Responsible for Evaluating Service Providers. Pet Owners are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide. Though Barkily.com performs a limited review of applications to become Service Providers any such screening is limited, and Barkily.com does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, Barkily.com does not endorse reviews of Service Providers by other Pet Owners that may be available via the Barkily.com Service, and Barkily.com makes no commitments that such reviews are accurate or legitimate.
• Abandoned Pets; Re-homing. Pet Owners who arrange for Pet Care Services and fail to retrieve their pet within seven (7) days after the service period identified in a Booking (or an earlier period required under applicable animal abandonment or cruelty laws) agree that Barkily.com (or the Service Provider) may, in its (or his or her) sole discretion, place the pet in foster care and/or notify animal control authorities. Pet Owner agrees to reimburse Barkily.com and/or the Service Provider for all costs and expenses associated with such actions. Further, Barkily.com expressly reserves the right, in its sole discretion, to remove a Pet Owner’s pet from a Service Provider’s care should Barkily.com deem it necessary for the safety of a pet, the Service Provider, or any persons living with the Service Provider. Prior to removing a pet from the care of a Service Provider, Barkily.com will use reasonable efforts during Barkily.com’s normal business hours to contact the Pet Owner and/or the Pet Owner’s emergency contact (if provided) to arrange alternative care. Should Barkily.com not be able to contact the Pet Owner or the emergency contact, Barkily.com will use its best judgment to find alternative care for the pet until the Pet Owner is able to retrieve his/her pet. Pet Owner is responsible for and agrees to pay all costs and expenses incurred by Barkily.com in connection with such transfer, including any additional charges for new Bookings.
• Emergencies. We recommend that Pet Owners give their Service Providers contact information where they can be reached in the event medical care for a pet becomes necessary. If you are a Pet Owner, you hereby authorize your Service Provider and Barkily.com to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. Pet Owners are solely responsible for the costs of any such medical treatment for pets and, if you are a Pet Owner, you hereby authorize Barkily.com to charge your credit card or other payment method for such costs.
• Consultation Services. Barkily.com may offer Pet Owners and Service Providers phone, chat, or email veterinary consultation services from a third party to provide an educational resource for decisions you make about your own pets or pets in your care. These consultation services are provided by a third party, and are not a part of the Barkily.com Service. If you use these third party consultation services, you should use them only in conjunction with, and not as a substitute for, professional veterinary care.
• Eligibility. By accessing and using the Barkily.com Service, you certify (1) that you are 18 years of age or older, and (2) that, if you are registering to be a Service Provider, you are legally eligible to work in the jurisdiction where you will provide Pet Care Services, you have complied and will comply with all federal, state, county, municipal and other laws, statutes and ordinances that are applicable to you, and you have obtained all business licenses, permits, and fulfilled any other necessary requirements to legally provide Pet Care Services. You acknowledge that Barkily.com is entitled to rely on these commitments, and is not responsible to ensure that all users have met these eligibility conditions.
• Suspension and Termination. You understand and agree that we have no obligation to provide the Barkily.com Service to you, nor any obligation to continue providing it once we have begun. If we believe your conduct on the Site or Barkily.com Service is inappropriate or violates these terms, and for any other reason (or no reason at all), we reserve the right to suspend or terminate your access to the Barkily.com Service in our sole discretion. When you use the Barkily.com Service, you agree:
  
  • To use the Barkily.com Service only in a lawful manner and only for its intended purposes.
  • Not to submit viruses or other malicious code to or through the Barkily.com Service.
  • Not to use the Barkily.com Service, or engage with other users of the Barkily.com Service, for purposes that violate the law.
  • Not to use the Barkily.com Service to arrange for the provision and purchase of services with another user of the Barkily.com Service, then complete a payment transaction for those services offline.
  • Not to post reviews about Service Providers that aren’t based on your personal experience, that are intentionally inaccurate, or that violate these Terms.
  • Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
  • Not to post “spam” or other unauthorized commercial communications.
  • To use the Barkily.com Service only for your own purposes, and not to impersonate any other person.
  • Not to transfer or authorize the use of your account for the Barkily.com Service by any other person.
  • Not to provide false information in your profile on, or registration for, the Barkily.com Service.
  • Not to interfere with our provision of, or any other user’s use of, the Barkily.com Service.
  • Not to solicit another user’s username and password for the Barkily.com Service.
• Registration; Account Security. In order to use some aspects of the Barkily.com Service, you will be required to create a username, password, and user profile. If you elect to use the Barkily.com Service, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else. You are responsible for maintaining the confidentiality of your username and password for the Barkily.com Service, and you agree not to authorize anyone else to use your username and password. You are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
• Disclaimer of Warranties. Our collection and use of your personal information on the Barkily.com Service is described in our Privacy Policy.
• Disclaimer of Warranties. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Barkily.com Service or otherwise in connection with using the Barkily.com Service and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”). For example, Service Providers are invited to create a profile page with a photograph and other information to allow Pet Owners to find, evaluate and contact them, while Pet Owners have the opportunity to submit reviews of Service Providers.
• License. Except for the limitations on our use and disclosure of personal information described in our Privacy Policy, you grant Barkily.com an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the Barkily.com Service, and to sublicense these rights to third parties.
• Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Barkily.com and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 19 and the other provisions of these Terms.
• Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section 19 and make the release in Section 20 with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.
• Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the Barkily.com Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of your right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
• Reviews. If you are a Service Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Barkily.com Service, whether before or after termination of your account for the Barkily.com Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Barkily.com Service at any time.
• Third Party Links: The Barkily.com Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
• Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD BARKILY.COM HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the Barkily.com Service; (2) breach of these Terms; (3) disputes with other users of the Barkily.com Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your pet or pets in your care; (6) Your Content; or (7) your use of any Background Check information in violation of the Fair Credit Reporting Act (FCRA). YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT
• Disclaimer of Warranties. Barkily.com and its licensors retain all right, title and interest in and to the Barkily.com Service, the technology and software used to provide it, all electronic documentation and content available through the Barkily.com Service (other than Your Content), and all intellectual property and proprietary rights in the Barkily.com Service and such technology, software, documentation and content. Except for your rights to access and use the Barkily.com Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the Barkily.com Service any feedback or suggestions for enhancement that you provide to us concerning the Barkily.com Service, without any obligation of compensation.
• Warranty Disclaimer for Barkily Services. The information and materials found on the Barkily Website and Mobile App, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Barkily.com Service, but not directly by Barkily.com, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARKILY.COM DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE BARKILY.COM SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN BARKILY.COM; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE BARKILY.COM SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BARKILY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE BARKILY.COM SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY SERVICE PROVIDER THAT OFFERS PET CARE SERVICES VIA THE BARKILY.COM SERVICE.
• Limitation of Liability to You. In no event will Barkily.com be liable to you for any indirect, special, incidental, or consequential damages, losses or expenses that arise out of or relate to the use of or inability to use the Barkily.com Service, including without limitation damages related to any information received from the Barkily.com Service, removal of your profile information or review (or other content) from the Barkily.com Service, any suspension or termination of your access to the Barkily.com Service, or any failure error, omission, interruption, defect, delay in operation or transmission of the Barkily.com Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL BARKILY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE BARKILY SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABLITY OR, IF YOU HAVE NOT PAID BARKILY FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00.
• No Liability for Actions by Service Providers, Pet Owners or Other Third-Party Operators Using Barkily. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BARKILY.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH BARKILY, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE BARKILY.COM SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE BARKILY.COM SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
• Arbitration. This Section is referred to as the "Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Opt-Out Procedure Section below, you agree that any and all disputes or claims that arise between you and Barkily relating to Products and Services offered via Barkily, interactions with others on Barkily.com and Barkily Mobile App, and/or these Terms (including any alleged breach of these Terms) (all such disputes and claims, “Claims”) will be resolved exclusively as set forth in this Arbitration Agreement.
  • Mandatory Arbitration. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Opt-Out Procedure Section below, you agree that any and all Claims will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, except that you may assert individual claims in small claims court if your claims qualify. This means that, unless you have opted out of the Arbitration Agreement in accordance with the procedure described in Opt-Out Procedure Section or you have asserted a qualifying individual Claim in small claims court, your rights in connection with all Claims will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
  • Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND BARKILY AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH OPT-OUT SECTION BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BARKILY.COM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY 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 CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER BARKILY USERS.
  • Pre-Arbitration Dispute Resolution. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at [email protected] (Att:Legal) or by mail at Barkily, Attn: Legal, 5663 Balboa Ave #380, San Diego CA 92111.
  • Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org . Information about the AAA's Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page:http://www.adr.org/consumer_arbitration. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Sections 27, 28 and 29. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
  • To commence an arbitration against Barkily.com, you must complete a short form, submit it to the AAA, and send a copy to Barkil at Barkily, by mail at Barkily, Attn: Legal, 5663 Balboa Ave #380, San Diego CA 92111. For more information, see the AAA's claim filing page on their Website. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
  • The arbitration will be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Barkily.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Barkily.com subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Barkily, unless the arbitrator requires otherwise.
  • The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different Barkily users, but is bound by rulings in prior arbitrations involving the same Barkily user to the extent required by applicable law.
  • Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules, unless otherwise provided in this Arbitration Agreement. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Barkily will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Barkily.com will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Barkily.com for all fees associated with the arbitration paid by Barkily.com on your behalf that you otherwise would be obligated to pay under the AAA's rules.
  • Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
  • Severability. If a court decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court decides that any provision of this Arbitration Agreement is invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, but the remainder of the Terms will continue to apply.
  • Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this agreement. For new Barkily users, Pet Owners and Service Providers, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. If you are already a current Barkily.com user and previously accepted the Barkily.com Terms, the Opt-Out Notice must be postmarked no later than January 31, 2017. You must mail the Opt-Out Notice to by mail at Barkily, Attn: Legal Opt-Out, 5663 Balboa Ave #380, San Diego CA 92111. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for the Barkily to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
  • Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against Barkily prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against Barkily prior to the effective date of removal.
  • Governing Law and Jurisdiction. These Terms, and any dispute between you and Barkily, will be governed by the laws of the State of California, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for the small-claims court actions anticipated by the Arbitration Agreement), either as a result of your decision to opt out of the Arbitration Agreement under Opt-Out Procedure Section above or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that arises between you and Barkily must be resolved exclusively by a state or federal court located in the State of California. You and Barkily.com agree to submit to the personal jurisdiction of the courts located within San Diego, California for the purpose of litigating all such claims or disputes.
• Miscellaneous. Nothing in this Agreement will be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

If you have any questions about anything in these Terms,
please contact us via email at [email protected] or by mail at Barkily, 5663 Balboa Ave #380, San Diego CA 92111