ADDITIONAL POLICIES AND AGREEMENTS
REGISTRATION ON OUR DIGITAL SERVICES
You may not be able to finalize reservations on our Digital Services for all franchise locations or services. The location’s specific page will inform you whether you are able to complete a reservation online or whether your reservation is not final until you visit the location in person. You agree that you will make all reservations in good faith only for your dog(s), and that you will not resell, advertise, assign, or otherwise market your reservation to third parties.
While we make our best effort to provide you with up-to-date data regarding space at franchise locations (or other services), availability is subject to change at any time. We and the Franchisees make no representations or warranties regarding the availability of any services. In the event of a technical or clerical error in the published rate or availability of any service, we or the Franchisees reserve the right to cancel your reservations and provide a refund for your purchase (including after your purchase is confirmed) and you agree that such refund will be our sole liability and your sole remedy.
THIRD-PARTY AND AFFILIATE DIGITAL SERVICES
MODIFICATIONS AND INTERRUPTION TO THE DIGITAL SERVICES
We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Digital Services, or that the operation of our Digital Services will be uninterrupted or error-free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
As a condition of your right to use the Digital Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Digital Services under the laws of the United States or any other country.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, CENTRAL BARK, ITS AFFILIATES, ITS RELATED ENTITIES, ITS FRANCHISEES, SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “CENTRAL BARK PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR DIGITAL SERVICES IS AT YOUR SOLE RISK. OUR DIGITAL SERVICES AND ALL CONTENT, PRODUCTS, AND SERVICES OFFERED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CENTRAL BARK PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR DIGITAL SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE CENTRAL BARK PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR DIGITAL SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR DIGITAL SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF ANY CENTRAL BARK PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE CENTRAL BARK PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Central Bark. By submitting Feedback to Central Bark, you assign to Central Bark, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how, or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code.
USER-SUBMITTED CONTENT AND USER CONDUCT
Any content, whether uploaded, posted, submitted, or otherwise made available on our Digital Services or to Central Bark, including without limitation comments to blog posts, user content from social media, or any other content which does not originate with a Central Bark Party (“User Content”), is the sole responsibility of the person who made such User Content available. Under no circumstances will any Central Bark Party be liable in any way for any User Content made available through any of our Digital Services. We may not moderate all comments or other User Content, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any User Content.
You agree that you will not use any of our Digital Services to transmit or make available any content that:
- violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable;
- infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
- contains any private information about an identifiable person without that person’s permission, or any content soliciting any personal or private information from any individual;
- you know or have reason to know is false, misleading, or fraudulent;
- you do not have a right to make available under any law or under contractual or fiduciary relationships;
- employs any techniques to disguise the origin of the content submitted;
- contains any unsolicited or unauthorized advertising or promotional materials;
- incorporates within it any software viruses or any other malicious code;
You further agree not to use our Digital Services to:
- engage in any conduct which might be harmful to any individual;
- impersonate or misrepresent your affiliation with any person or entity;
- engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute “stalking” or otherwise harassing conduct aimed at another person or entity;
- engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
If any User Content is your original work, then you own the copyright in that work. However, by uploading, posting, transmitting, or otherwise making any User Content available on or through a Digital Service or social media, you are granting Central Bark, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.
COPYRIGHT AND TRADEMARK INFORMATION
All content, copyrights, and other intellectual property rights in the content available on our Digital Services, including without limitation Digital Services design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Central Bark, with all rights reserved, or in some cases may be licensed to Central Bark by third parties. This content is protected by the intellectual property rights of Central Bark or those owners. All trademarks displayed on the Digital Services are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
In the event that you find content posted on one of our Digital Services that you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact our Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:
- your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
- a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
- a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
- your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
- a statement under penalty of perjury that all of the information you have provided is true.
Please send your notice of alleged infringement to [name and address for copyright notices]:
In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of Central Bark to terminate the use of our Digital Services by repeat infringers in appropriate circumstances.
If you access our Digital Services on mobile devices, or if you request that we send you text messages regarding availability of services or otherwise, you understand that your mobile carrier’s standard charges will apply. You will only receive text message alerts from our Digital Services if you request them or otherwise expressly agree to receive them. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier, and we recommend that you review your wireless plan for details. Neither we nor the Franchisees will be responsible for any text messaging or other charges incurred by you or by a person that has access to your wireless device or telephone number as a result of any text messages you receive based on requests from your device or account.
Governing Laws; Jurisdiction
Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Digital Services in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.
Changes to These Terms
Terms for iOS Users
Your download of this App for use on an iOS device constitutes your acknowledgment and acceptance that:
- This agreement is between you and Central Bark, and not Apple Inc. Central Bark is solely responsible for the licensed application and the content thereof.
- The license for this software is non-transferable and may only be used on a Genuine Apple iPad, iPhone or iPod Touch owned and operated by you pursuant to the Apple App Store Terms of Service.
- Central Bark is solely responsible for all maintenance and support services for the App. Apple Inc. is in no way responsible for these services.
- In the event of any failure of this App to conform to any applicable express or implied warranty, a user may notify Apple, and Apple will refund any purchase price paid to that end user. Unless required by law, Apple has no other warranty obligation with respect to the licensed application.
- Central Bark, not Apple Inc., is responsible for addressing any claims relating to the App and a user’s possession or use of the App, including, but not limited to, (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of a third party’s claim of intellectual property right infringement relating to the App or a user’s possession or use of the App, Central Bark, not Apple Inc., is solely responsible for the investigation, defense, settlement and discharge of that intellectual property infringement claim.
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or has been designated by the U.S. as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third party beneficiaries of this agreement, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.
Barkley Ventures Franchising LLC
PO Box 14217
West Allis, WI 53214