Terms of Service

Introduction

Welcome to BarkGains. These Terms of Service ("Terms") govern your access to and use of the BarkGains website, mobile applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not access or use our Services. If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Account Registration

To access certain features of our Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

• Create only one account
• Provide accurate information when registering
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or outdated, or if you have violated these Terms.

Products and Ordering

BarkGains offers a variety of premium dog products for purchase through our Services. We strive to display our products and their features accurately, but we do not guarantee that product descriptions, photographs, pricing, or other content on our Services is accurate, complete, reliable, current, or error-free.

Product Availability

All products are subject to availability. We reserve the right to discontinue any product at any time. If a product is out of stock, we will notify you and provide options for substitution, backorder, or cancellation.

Pricing

All prices are shown in US dollars and do not include taxes or shipping fees, which are calculated at checkout. We reserve the right to change prices at any time without notice. Despite our best efforts, a small number of the products on our Services may be mispriced. If we discover a pricing error, we will:

• Contact you for instructions before shipping the order
• Cancel the order and notify you of such cancellation if we are unable to contact you

Orders

When you place an order through our Services, you are making an offer to purchase the products in your order. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in product or pricing information, or problems identified by our fraud detection systems.

After you place an order, you will receive an email confirmation acknowledging receipt of your order. This email confirmation is not an acceptance of your order; it only confirms that we have received it. A contract for sale is only formed when we ship the products to you and send you a shipping confirmation email.

Payment Terms

We accept various payment methods as indicated during the checkout process. By providing a payment method, you represent that you are authorized to use the payment method and that any payment information you provide is true and accurate.

For subscription orders, you authorize us to charge your payment method on a recurring basis until your subscription is canceled. You can cancel your subscription at any time by logging into your account or contacting our customer service team.

All payments are processed securely through our payment processors. We do not store your full credit card information on our servers.

Shipping and Delivery

We ship to addresses within the United States and Canada. Shipping times and costs vary based on the shipping method selected at checkout and your location. For detailed information about our shipping policies, please refer to our Shipping Policy.

Risk of loss and title for products purchased from our Services pass to you upon delivery of the products to the carrier. It is your responsibility to file any claims with carriers for damaged and/or lost shipments.

Returns and Refunds

We want you to be completely satisfied with your purchase. For information about our return and refund policies, please refer to our Returns & Refunds Policy.

User Content

Our Services may allow you to post, submit, or transmit content such as product reviews, comments, or photos ("User Content"). By posting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

You represent and warrant that:

• You own or control all rights to the User Content you post
• The User Content is accurate and not misleading
• The User Content does not violate these Terms and will not cause injury to any person or entity

We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

Intellectual Property

All content included on our Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BarkGains or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

BarkGains grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes. You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from our Services
• Use any content for commercial purposes without our express written consent
• Remove any copyright, trademark, or other proprietary notices from our Services
• Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information
• Use any meta tags or any other "hidden text" utilizing our name or trademarks

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using our Services for any illegal purpose or in violation of any local, state, national, or international law
• Harassing, threatening, intimidating, or causing distress or discomfort to any other user or person
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity
• Interfering with or disrupting our Services or servers or networks connected to our Services
• Attempting to gain unauthorized access to any portion of our Services or any other accounts, computer systems, or networks connected to our Services
• Using any robot, spider, scraper, or other automated means to access our Services for any purpose
• Circumventing, disabling, or otherwise interfering with security-related features of our Services
• Engaging in any activity that interferes with another user's ability to use or enjoy our Services

Disclaimer of Warranties

OUR SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARKGAINS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

BARKGAINS DOES NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BARKGAINS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON OUR SERVICES OR THE CONTENT OF ANY SITES LINKED TO OUR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARKGAINS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT 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:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES
• ANY CONTENT OBTAINED FROM OUR SERVICES
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT WILL BARKGAINS' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE AMOUNT PAID BY YOU TO BARKGAINS FOR PURCHASES MADE THROUGH OUR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF NO SUCH PURCHASE HAS BEEN MADE.

Indemnification

You agree to indemnify, defend, and hold harmless BarkGains, its affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services, including, but not limited to, your User Content, any use of our Services' content, services, and products other than as expressly authorized in these Terms.

Dispute Resolution

Governing Law

These Terms and your use of our Services will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.

Arbitration

Any dispute arising from or relating to these Terms or our Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. The arbitration will be conducted in New York, New York, unless you and BarkGains agree otherwise. The arbitration may be conducted in person, through the submission of documents, by phone, or online.

The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these Terms, including this arbitration provision.

Class Action Waiver

YOU AND BARKGAINS 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.

Termination

We may terminate or suspend your account and bar access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use our Services will immediately cease. If you wish to terminate your account, you may simply discontinue using our Services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. 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 Services 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 our Services.

Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on our Services, constitute the entire agreement between you and BarkGains concerning our Services.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.