Terms of Service

General Rules

BarkBuildings, INC. (“Bark”) owns and operates www.barkbuildings.com (the “Website”), a public-facing website, through which it makes services available to residents, both those with and without pets. For purposes of this Terms of Service agreement (“Terms of Service”), pets include animals permitted access as a reasonable accommodation. Bark also utilizes a third-party software (the “Software”), which its customers will be given access to and can use to communicate with the Bark team and for other purposes. These Terms of Service govern your use of the Website and our services, which also are subject to our Privacy Policy (available for review on the Website) and to all applicable laws and regulations.

The Website utilizes software applications that facilitate onboarding, scheduling, management, and performance of services for pet owners (collectively, the “Services”). By clicking the completing the registration process, browsing the Website, and/or contracting for any of the Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. If not, you are not authorized to use the Website or any of the Services and, without delay, shall discontinue the use thereof.

Bark reserves the right to terminate access to the Website for any reason, and to take any other actions that Bark, in its sole discretion, believes to be in the interest of Bark and some or all of its users and customers. Bark reserves the right to modify these Terms of Service, without advance notice.

These Terms of Service constitute a binding contract between Bark and you, which you accept by accessing the Website. As a material condition of your access to and use of the Website and any Service, you represent and warrant that (1) you are of legal age to enter into a binding legal contract with Bark, (2) you have the authority to enter into these Terms of Service personally or on behalf of the person or company you represent, and (3) you have provided accurate and complete information in your communication with Bark.

If you do not agree to the Terms of Service or cannot make the representations in (1), (2) or (3) above, then you are not authorized to use the Website or any of the Services and, without delay, shall discontinue the use thereof.


Bark reserves the right to limit the availability of the Website and/or the Services, in whole or in part, to any person, for any purpose, and to any geographic area or jurisdiction Bark chooses, at any time and in its sole discretion.

The Services

Onboarding – Bark provides comprehensive pet onboarding services for residential communities. Our platform enables residents to register their pets and provides a recommendation as to whether the pet complies with residential policies. Additionally, Bark facilitates the interactive process for reasonable accommodation requests and provides property management with a recommendation. Management issues the final determination on all reasonable accommodation requests. All residents must register with Bark, regardless of current pet ownership status. Residents are responsible for maintaining updated information for all existing pets and promptly registering any new pets.

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Locations – We provide the Services only to pet owners residing within certain zip codes and in specific apartment buildings and complexes. Please contact us to determine if we provide Services to your address.

Pet Care Service Providers – Bark may provide recommendations for local pet care service providers (“PCSP”), including but not limited to veterinarians, groomers, dog walkers, pet sitters, trainers, and pet supply retailers. These recommendations are offered as a convenience to residents and do not constitute an endorsement, guarantee, or warranty regarding the quality, reliability, or suitability of any recommended service provider. Residents acknowledge that they are solely responsible for selecting, engaging, and evaluating any pet service provider, regardless of whether such provider was recommended by Bark.

Pet Advice – Bark does not warrant any information or advice that may be provided by Bark or a PCSP’s with respect to your pet. Specific questions about medical conditions or care for your pet should be obtained by you from your veterinarian or other qualified pet-care professional.

Our PCSPs – Each of our PCSP’s undergoes a formal screening process, as permitted by federal, state, and local law. In addition, we maintain general liability and property damage insurance covering the activities of our PCSP’s. This coverage may not be extensive enough as to scope or amount to cover every loss you may suffer arising out of, in connection with or by reason of any Service or the actions or inactions of any PCSP.

Pictures, Video & Images – By contracting for any of the Services, you agree to allow Bark to take photos, videos and/or images of your pet. Bark owns all photos, videos and/or images taken by Bark and you expressly agree that Bark may use these photos, videos and/or images for any purpose whatsoever, including display and/or use on the Website and in other promotional materials, including, but not limited to, social media. Bark also reserves the right to share all such photos, videos and/or images with the apartment building/complex owner and management where the dog resides to be used on their Website and/or in other promotional materials, including, but not limited to, social media. Bark will not use your name in any material without your consent.

Your Pet

Bark is committed to protecting the health and physical safety of your pet and other pets during the period while we are providing Service(s). Accordingly, you warrant that, to your knowledge, your pet is free from contagious health conditions, is free of physical conditions that would present a risk to your pet or other pet during the period of the Service(s), and has not and does not exhibit any type of aggressive behavior that would present a risk to your pet or other pet during the period of the Service(s).

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Bark expressly reserves the right, in its sole discretion, and without liability to you, to remove your pet from a Service should Bark deem it necessary for the safety of your pet, Bark’s employees or contractors, or other pets within the care of Bark. 

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CONSENT AND RELEASE AND WAIVER OF LIABILITY

Consent:

I hereby consent to register with Bark and comply with its requirements for pet registration. Specifically, I consent to truthfully and accurately providing all requested information (including but not limited to the Resident’s name, telephone number, email address, and mailing address; the Pet’s name, species, breed, color, age, gender, spay/neuter status, weight, and a photo; registration and vaccination records, contact information for the Pet’s veterinarian, emergency contact information, known bite or damage history), registration documents, and veterinary records. 

I hereby give permission to Bark and/or a designated third-party vendor, including but not limited to VetVerifi, to communicate with my veterinarian and/or retrieve vaccination records related to my pet(s) from any licensed veterinarian or veterinary database globally. This includes, but is not limited to, registration or licensing information, vaccine records, or spay/neuter status associated with my phone number,  email address, or current or former mailing address. 

I hereby consent to engage with Bark during the interactive process for reasonable accommodation requests made pursuant to federal and state law. If I submit documentation in support of such a request, I authorize Bark and its designated representatives to verify the authenticity of that documentation by contacting the provider or issuer listed, solely for the purpose of confirming authorship. I understand that Bark will not request or access any information about my diagnosis, treatment, or medical history.

Release and Waiver of Liability:

I hereby acknowledge and agree that Bark provides only a recommendation to property management regarding my pet's compliance with property policies. The final determination and approval decision rests solely with property management. I fully understand that Bark or any of its representatives (including agents, employees, contractors, volunteers, and any third-parties assisting with Bark's operations) are not responsible for the final determination and cannot be held liable for any decisions made by property management regarding my pet.

I hereby acknowledge and agree that while Bark participates in the interactive process, its role is limited to making recommendations only. Property management retains the sole authority for the final determination regarding reasonable accommodation requests. I acknowledge that Bark does not make final decisions on reasonable accommodation entitlements and agree not to hold Bark or any of its representatives (including agents, employees, contractors, volunteers, and third-parties assisting with Bark's services) liable for any determination made in this process.  I hereby acknowledge and agree that I shall not be entitled to bring any claim or cause of action against Bark for any damages or losses which may be sustained or otherwise incurred by me or my pet in connection with a final determination to a reasonable accommodation request.

I hereby acknowledge and agree that Bark shall not be liable for any actions, omissions, negligence, or misconduct of any third-parties assisting with or providing services in connection with Bark, regardless of whether such third-parties were selected, recommended, or engaged by Bark. This includes, but is not limited to, any contractors, Pet Care Service Providers, vendors, evaluators, or other individuals or entities that may be involved in the pet policy compliance assessment, reasonable accommodation process, or any other services.

I hereby acknowledge and agree that when participating in any activities related to Bark (which shall include but shall not be limited to events, seminars, meetups, or any other meeting of Bark members and their dogs which are organized by or on behalf of Bark, or otherwise at Bark’s direction, hereinafter referred to as “Bark Activities”), I alone shall be solely responsible for the behavior of my pet, the safety and health of my pet, and the safety and health of any pet or human with whom my pet interacts, regardless of whether said Bark Activity is established, hosted, set up, or operated by Bark or through a separate third-party. I hereby acknowledge and agree that there may be instances where certain Bark Activities are not hosted or operated by Bark and that in such instances, Bark may have little to no control over the staging or operation of such Bark Activities. As such, regardless of whether said Bark Activities have been established, hosted, set up, or operated by Bark or through a separate third-party, I hereby acknowledge and agree that I shall not be entitled to bring any claim or cause of action against Bark or any third-party assisting in or otherwise operating said Bark Activities, for any damages or losses which may be sustained or otherwise incurred by me, my pet, or any other person or animal as a result of mine or my pet’s behavior, or which are otherwise related to the attendance of said Bark Activities by myself or my pet. For purposes of clarification, regardless of whether Bark is solely operating any such Bark Activities, or if said Bark Activities are being staged and operated entirely through a separate third-party at Bark’s direction or otherwise with Bark’s permission, under no circumstance shall I be entitled to bring any claim for damages or losses against Bark or any such third-party in relation to said Bark Activities in which I or my pet participate in.

I fully understand, and will not hold Bark, any of its agents, assigns, employees, contractors, or volunteers, or any third-party assisting Bark in the operation of said Bark Activities, liable for any accidents, injuries, or any other unforeseen harms incurred at any time while myself or my pet is participating in any Bark Activities related to the Services, except in the case of gross negligence. I fully understand, acknowledge, and agree that under no circumstance shall Bark or any of its agents, assigns, employees, contractors, or volunteers, or any such third-parties referenced above have any liability for any claims for damages resulting from any loss or injury related to my or my pet’s participation in any Bark Activities. 

I have read this consent and understand that some risk always exists when pets are allowed to intermingle. I have discussed my concerns about such risks with Bark and have had my questions answered to my satisfaction.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Website, and you agree not to engage in unacceptable use of the Website, which includes, without limitation, use of the Website to:

  • harm or threaten to harm, bully, intimidate or harass users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
  • post or transmit or process through the Website any content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, violent, sexually suggestive, illegal, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
  • collect, use, process or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others or access the Website using any automated means without our prior permission;
  • impersonate any person or entity (including the Website agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Website for such purpose;
  • upload viruses or other malicious code to the Website;
  • solicit login information or access an account belonging to someone else;
  • disseminate, store, process or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
  • violate any law (whether local, state, national, or international), whether or not intentionally, or is misleading, malicious or discriminatory;
  • forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Website, or servers or networks connected to the Website; or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
  • post any content related to partisan political campaigning or fundraising;
  • express or imply that any statements you make are endorsed by us;
  • modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or determine any source code, algorithms, methods, or techniques of the Website or the Services;
  • obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Website or the contents (except as expressly permitted by Bark);
  • interfere with, damage, or disrupt the operation or any security-related features of the Website or its services, gain unauthorized access, or restrict or inhibit use by others;
  • use any robot, spider, or other system, device or mechanism to access the Website or utilize the services, likely to disrupt or disable or destroy the Services or any content;
  • remove any copyright, trademark, confidentiality notices, designations, marks or other proprietary rights notices appearing on the Website or content without the prior written consent from Bark;
  • modify, translate, adapt, arrange, or create derivative works of the services, except as permitted in these Terms of Service;
  • use domain names or web URLs in your username without prior written consent from Bark;
  • share your password or let anyone else access your account, or do anything that may jeopardize the security of your account;
  • “frame” or “mirror” any part of the Website; or
  • engage in any other activity deemed by the Bark to be in conflict with the spirit or intent of these Terms of Service or that might violate the rights of others or give rise to liability, including any activity that facilitates or encourages any violations of these terms, conditions or policies.

No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BARK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BARK DOES NOT WARRANT THAT THE WEBSITE AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE AND/OR THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BARK OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. EXCLUDING BARK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BARK HEREBY DISCLAIMS ALL DAMAGES TO YOUR PERSONAL AND REAL PROPERTY ARISING FROM REASONABLE WEAR AND TEAR OR ORDINARY CARELESSNESS OF BARK AND ITS EMPLOYEES AND CONTRACTORS, INCLUDING, WITHOUT LIMITATION, LOST KEYS. YOU ACKNOWLEDGE AND AGREE THAT BARK MAY UTILIZE THIRD-PARTY APPS, AND OTHER THIRD-PARTY SERVICE PROVIDERS TO PERFORM THE SERVICES, AND THAT BARK HAS NO CONTROL OR ABILITY TO CONTROL SUCH THIRD-PARTY APPS OR THIRD-PARTY SERVICE PROVIDERS. ACCORDINGLY, BARK HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY WITH RESPECT TO SUCH THIRD-PARTY APPS AND THIRD-PARTY SERVICES.

WHILE WE DO CONDUCT BACKGROUND CHECKS OF OUR EMPLOYEES AND CONTRACTORS AS PERMITTED BY LAW, NOT ALL ARREST LOGS AND RECORDS, CONVICTION AND CORRECTION RECORDS, SEX OFFENDER REGISTRIES AND MOTOR VEHICLE RECORDS ARE AVAILABLE IN ALL JURISDICTIONS. IN MANY JURISDICTIONS THERE IS A DELAY BEFORE ARREST LOGS AND RECORDS, CONVICTION AND CORRECTION RECORDS, SEX OFFENDER REGISTRIES AND MOTOR VEHICLE RECORDS ARE INCLUDED IN BACKGROUND CHECKS. JUVENILE RECORDS AND OFFENSES FOR MINORS MAY NOT APPEAR IN THE PUBLIC RECORD AND ARE THEREFORE NOT INCLUDED IN THE RESULTS. DISMISSED CASES, ARRESTS NOT RESULTING IN CONVICTIONS, ARRESTS OR CONVICTIONS FROM FOREIGN COUNTRIES AND NOLLE PROS WILL NOT BE REPORTED. TRAFFIC VIOLATIONS ARE NOT INCLUDED UNLESS A JURISDICTION REPORTS THEM AS CRIMINAL OFFENSES. IN THE JURISDICTIONS WHERE TRAFFIC VIOLATIONS ARE REPORTED AS CRIMINAL OFFENSES, SUCH TRAFFIC VIOLATIONS MAY BE INCLUDED IN THE RESULTS AS MISDEMEANORS OR FELONIES.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BARK BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH BARK OFFICERS, EMPLOYEES, OR CONTRACTORS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BARK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNTS PAID BY YOU TO BARK DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) AND/OR OMISSION(S) GIVING RISE TO SUCH DAMAGE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Additional Disclaimer

Bark makes every effort to assure that it accurately represents its information, and the Services. Statements made by Bark and/or its officers, directors, agents, representatives are examples and are not to be interpreted as any guarantee, promise, representation and/or assurance.
As with any service, especially those involving animals, results may vary, and will be based on your individual pet’s personality and physical condition, and your experience with similar services. There are no guarantees, promises, representations and/or assurances concerning the level of success or satisfaction you may experience.

The use of Bark’s information, and/or services should be based on your own due diligence, which you undertake and confirm that you have carried out to your entire satisfaction. You agree that Bark, its directors, officers, employees, contractors, consultants, agents and other representatives are not liable for any success or failure and/or satisfaction that is directly or indirectly related to the use of Bark’s information and/or the Services.

Comment Areas

Comment Areas on the Website are designed to permit you to share your ideas and opinions. Information on the Comment Areas is sometimes provided by Bark staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with us. You acknowledge that a large volume of information is available in Website Comment Areas and that people participating in such Comment Areas occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. Bark neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Website or Comment Areas by third parties. The opinions expressed in the Comment Areas reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Bark. Bark is not responsible for any errors or omissions in postings in the Comment Areas, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will Bark or its affiliates be liable for any loss or damage caused by your reliance on such information obtained through the Website or the Comment Areas.

Bark does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the Comment Areas or any other part of the Website, except that (i) Bark may consolidate and edit for clarity any Content posted to comment areas, (ii) Bark may inform registered users or third parties of particular content, ask for their response, or ask them to host discussions, and (iii) Bark reserves the right to monitor the Website and to remove any information that Bark, in its sole discretion, considers to be inappropriate or unlawful.

You acknowledge and agree that Bark has the right (but not the obligation) to monitor the Comment Areas and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a forum or Comment Area); to disclose such materials and the circumstances surrounding their transmission to any third-party in order to operate the Website properly; to protect Bark, its visitors, and the public; and to comply with legal obligations or reasonable governmental requests.
You acknowledge and agree that unless otherwise stated, all materials and information you provided will be deemed to be provided to us on a non-confidential and non-proprietary basis.

Communications

Bark reserves the right to contact you from time to time, through email and text messages, or notices posted on the Website or in your Account, for feedback about the Services, and for service and support related issues.
If you provide Bark with any feedback or suggestions regarding the App, the Website or any of the Services (“Feedback”), you hereby assign to Bark all rights in the Feedback and agree that Bark shall have the right to use such Feedback and related information in any manner it deems appropriate without any right to any compensation. Bark will treat any Feedback you provide to Bark as non-confidential, non-proprietary information. You agree that you will not submit to Bark any information or ideas that you consider to be confidential or proprietary to you or any third-party.

Arbitration; Applicable Law

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT IS PART OF YOUR CONTRACT WITH BARK AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Except for a claim by Bark against you, any and all disputes between you and Bark arising under or related in any way to these Terms of Service or your use of the Website or the Service must be resolved through binding arbitration as described in this Section. This agreement to arbitrate is intended to be interpreted broadly.
Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at info@barkbuildings.com. If the issue is not resolved and results in arbitration, the following provisions shall apply:

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND BARK ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND BARK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

1. Arbitration Procedures. The parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Arbitration Section. The rules that apply are those in effect when arbitration is demanded by either of the parties. For information on JAMS, please visit its website, https://www.jamsadr.com. The JAMS Streamlined Arbitration Rules and Procedures are available at www.jamsadr.com/rules-streamlined-arbitration, which are incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and any claim that the JAMS Rules are unfair or should not apply for any reason. If there is any inconsistency between the JAMS Rules and this Arbitration Section, the terms of this arbitration Section will control unless the arbitrator determines that the application of the inconsistent Arbitration Section terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would, including without limitation, each provision that operates to limit the liability of Bark and its employees. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

2. Venue. The arbitration will be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Bark may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Bark subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Bark, unless the arbitrator requires otherwise.

3. Applicable Law. The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, but excluding its conflicts of laws rules that would result in the laws of a State other than New York, governing your use of the Website, the Services, and this Agreement with you, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different Bark users, but is bound by rulings in prior arbitrations involving the same Bark user to the extent required by applicable law. As limited by the Federal Arbitration Act, these Terms of Service and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.

4. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be shared equally by you and Bark, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Bark will pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bark will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Bark for all fees associated with the arbitration paid by Bark on your behalf that you otherwise would be obligated to pay under the JAMS Rules.

5. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

6. Severability. If any term, clause or provision of this Arbitration Section is held invalid or unenforceable, it will be held to the minimum extent required by law, and all other terms, clauses and provisions of this Arbitration Section will remain valid and enforceable.

7. Time Limit for Filing. Any arbitration under or pertaining to these Terms of Service must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

Applicable Law

The laws of the State of New York, excluding its conflicts of laws rules that would result in the laws of a State other than New York, govern your use of the services provided under these Terms of Service.

Class Action Waiver

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND BARK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Bark agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Indemnification

You agree to indemnify, defend, release, and hold harmless Bark, its partners, licensors, affiliates, contractors, officers, directors, employees and agents (collectively, the “Bark Parties”) from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the Website and/or the Services, (c) any breach of these Terms of Service, and/or (d) your violation of any law or of any rights of any third-party.

Bark reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bark in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms of Service or your access to the Website and/or the Services.

Release

You hereby release Bark and its successors from claims to the extent permissible by applicable law, of all demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Website and or the Services, including but not limited to, any interactions with or conduct of the PCSPs or third-party websites of any kind arising in connection with or as a result of the Terms of Service or your use of the Website and/or the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Severability

If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Terms of Service will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.

Change to these Terms

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY BARK IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Bark will make a new copy of the Terms of Service available at the Website. We will also update the “Last Updated” date at the top of these Terms of Service. If we make any material changes, and you have registered with us to create an Account, we will also send an email to you at the last email address you provided to us pursuant to the Terms. Any changes to the Terms of Service will be effective immediately for new users of the Website and/or the Services and will be effective thirty (30) days after posting notice of such changes on the Website or App for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes within the Website or thirty (30) days after dispatch of an email notice of such changes to users who have registered for an Account. Bark may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Website, App, Widget, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and the Services; otherwise, your continued use of the Website and/or the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

Termination

If you violate these Terms of Service or otherwise create possible legal exposure for Bark, Bark can terminate your access to and/or use of all or part of the Website. Bark will notify you by email or the next time you attempt to access your Account. You may delete your account or disable your application any time.

Bark reserves the right to modify or terminate the Website or your access to and/or use of the Website for any reason, without notice, at any time, and without any liability to you. If Bark terminates your access to or use of the Website or you disable or delete your Account, your data will no longer be accessible through your Account.

Bark reserves the right to refuse access to and/or use of the Website to anyone for any reason at any time.

Miscellaneous

Bark’s failure to enforce any provision of these Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed admissible for all legal purposes to be in writing and legally enforceable as a signed writing.

Bark Contact Information

If you have any questions or comments, complaints or claims regarding these Terms of Service, please contact Bark by email at info@barkbuildings.com.

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