The terms and conditions stated herein (collectively, this "Agreement") constitute a legal agreement between you and Wepwo, Inc., a Delaware corporation (“Wepwo," “we,” “our,” “us”) and our service offered through https://barklypets.com ("Barkly Pets"). By using or receiving any services supplied to you by Barkly Pets (together with the website located at https://www.wepwo.com, https://barklypets.com and all affiliated Wepwo, Inc. websites, collectively, the "Service"), and downloading, installing or using any associated applications or software supplied by Barkly Pets to include any associated application with the purpose of enabling you to use the Service (collectively, the "Service and Application"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at https://barklypets.com.com/terms or through the Service.
We reserve the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible or regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at support.barklypets.com.
BARKLY PETS DOES NOT PROVIDE PET SERVICES, AND IS NOT A PET SERVICE PROVIDER. IT IS UP TO THE THIRD-PARTY PET SERVICE PROVIDER TO OFFER PET SERVICES, WHICH MAY BE SCHEDULED THROUGH USE OF THE APPLICATION OR SERVICE. BARKLY PETS OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY PET SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE PET SERVICES OR ACT IN ANY WAY AS A PET SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PET SERVICES PROVIDED TO YOU BY SUCH THIRD-PARTIES.
1. Key Terms
- “Content” means text, graphics, images, music, software (excluding the Application), audio, video information or other materials.
- “Barkly Pets Content” means all Content that Barkly Pets makes available through the Service or Application, including any Content licensed from a third-party, but excluding User Content.
- “User” means a person who accesses or uses the Service or Application.
- "User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or Application.
- “Collective Content” means, collectively, Barkly Pets Content and User Content.
- “Pet Owner” means a User who requests and receives Pet Services from a Pet Provider via the Service or Application.
- “Pet Provider” means a User who Provides Pet Services scheduled and made available to Pet Owners via the Service or Application.
- “Pet Service” means any service, including, but not limited to, dog walking, pet sitting and pet grooming, offered by a Pet Provider and made available to Pet Owners via the Service or Application.
2. Barkly Pets is a Marketplace
Barkly Pets provides through its Service and Application a communications platform for enabling the connection between individuals seeking to obtain pet services (Pet Owners) and/or individuals seeking to provide pet services (Pet Providers). Barkly Pets checks the backgrounds of Pet Providers via third-party background check services; however, Barkly Pets does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such Pet Providers. Barkly Pets DOES NOT EMPLOY PET PROVIDERS AND PET PROVIDERS ARE NOT AFFILIATES OF Barkly Pets. Pet Providers are individuals or companies who have registered with the Service and Application to provide Pet Services.
When interacting with Pet Providers and Pet Owners, all Users should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. By using the Service, you agree to hold Barkly Pets free from the responsibility for any liability or damage that might arise out of the transaction involved. NEITHER Barkly Pets NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. Barkly Pets AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
2.1. How the Service and Application Works
Barkly Pets Services and Application can be used to facilitate the meeting of Pet Owners in need of specific Pet Services and Pet Providers available to meet the Pet Service needs of Pet Owners. As a Pet Owner, you do not need a Barkly Pets account to seek Pet Services in your area, but you will require a Barkly Pets account in order to book a Pet Service with a Pet Provider of your choosing. As a Pet Provider, you expressly acknowledge and agree that you are not a Barkly Pets employee and understand that Barkly Pets is a request tool and not a Pet Service provider. Barkly Pets checks the backgrounds of Pet Providers via third-party background check services; however, Barkly Pets does not guarantee or warrant the reliability, quality or suitability of such Pet Providers. Barkly Pets therefore is not a party to any transaction between a Pet Owner and Pet Provider. Pet Owners are able to either select which Pet Provider they wish to fulfill their Pet Service needs from the Barkly Pets Marketplace or allow Barkly Pets to match them with a Pet Provider. Pet Providers are given the final determination on whether or not to fulfill the Pet Owner’s Service Request.
Unless explicitly specified otherwise in the Barkly Pets platform, Barkly Pets’ responsibilities are limited to: (i) facilitating the availability of the Services and the Application and (ii) serving as the limited payment collection agent for each Pet Provider for the purposes of accepting payments from Pet Owners. Barkly Pets does not guarantee or warrant the accuracy of any User Content or information available via the Service and the Application. Barkly Pets is not responsible for and disclaims any and all liability related to any and all Pet Services rendered via its Services and the Application. You should review all terms carefully and seek your own advice and counsel with respect to the meaning or consequence therein.
2.2. Account Registration
In order to access certain features of the Service and Application, and to book or post a Pet Service, you must register to create an account (“Barkly Pets Account”) and become a member. You may register to join the Service directly via the Service or Application or you can elect to register by logging into your account with certain third-party social network sites via our Service and Application. Please see below regarding third parties.
We will create your Barkly Pets Account and your Barkly Pets profile page for your use of the Service and Application based upon the personal information you provide us or that we obtain from third parties. You may not have more than one (1) Barkly Pets Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third-party and that you will take sole responsibility for any activities or actions under your Barkly Pets Account, whether or not you have authorized such activities or actions. You will immediately notify Barkly Pets of any unauthorized use of your Barkly Pets Account.
2.3. Providing Pet Services
To provide Pet Services via Barkly Pets’ Service and Application you must elect to be a Pet Provider during the Account Registration process. By registering as a Pet Provider, you hereby acknowledge and agree that Barkly Pets has the right to use a third-party agency to conduct background checks on you for the legitimate business purpose of protecting the integrity of the Barkly Pets Service. You will be subject to the terms of our Background Check Terms and Conditions. Our Pet Provider options currently include Dog Walking. To be a Pet Provider, in addition to being subject to a third-party background check, you will be asked a variety of questions about the Pet Services to be provided, including, but not limited to, the location, type, availability, pricing, and related rules and financial terms. Barkly Pets may elect to conduct a personal meeting with you prior to offering your Pet Service on Barkly Pets’ Service and Application. Only after completing the background check process and any other good faith measures, your Pet Services will be listed on Barkly Pets’ Service and Application. In the event Barkly Pets determines you are not eligible to be listed, in its sole discretion, your account will be terminated and Barkly Pets reserves the right to notify any Pet Owners with whom you have communicated of the fact that your account has been terminated.
You understand and agree that once a Pet Owner requests a booking of your Pet Service, you may not request the Pet Owner to pay a higher price than in the initial request. As a Pet Provider, you acknowledge and agree that you are responsible for any and all Pet Services you post. Accordingly, you represent that any Pet Services you post and the booking and implementation of said Pet Services will be in compliance with all applicable laws and regulations in your jurisdiction.
If you are a Pet Provider, Barkly Pets makes certain tools available to you to make informed decisions about which Pet Owners you choose to confirm for booking your Pet Services. Similarly, if you are a Pet Owner, similar tools are available to you to make informed decisions about which Pet Provider to choose to request Pet Services.
2.4. No Endorsement
Barkly Pets does not endorse any Pet Provider or Pet Owner. Any references in the Service or Application to User “ratings” (either Pet Provider or Pet Owner) only indicate that other Users of the Service or Application have rated the User. Any such description is not an endorsement, certification or guarantee by Barkly Pets about any User. Including “ratings” (or similar language) is intended to only be useful information for you to evaluate when you make your decisions about the suitability of others whom you contact or interact with via the Service or Application. We recommend that you always exercise due diligence and care when deciding to use Pet Services or accept Pet Service requests from other Users of the Service and Application.
By using the Service and Application, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties be limited to a claim against the particular User or third-party who caused you harm. You agree not to attempt to impose liability or seek any legal remedy from Barkly Pets with respect to such actions or omissions.
3. Barkly Pets Brand Ambassador Program
4. Representations and Warranties
By using the Service or Application, you expressly represent and warrant that you are legally entitled to enter this Agreement. The Service and Application is not available to individuals younger than eighteen (18) years of age. By using the Application or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Application is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Application or Service you agree to comply with all applicable laws from the country, state and city in which you are present while using the Application or Service.
You may only access the Service or Application using authorized means. It is your responsibility to check to ensure you download the correct Application to your device. Barkly Pets is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Application for your device.
By using the Service or Application, you agree that:
- You will only use the Service or Application for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Service or Application to cause nuisance, annoyance, or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm the Service or Application in any way whatsoever.
- You will not copy, or distribute the Service or Application or any other Content without written permission from Barkly Pets.
- You will only use the Service or Application for your own use and will not resell it to a third-party.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service or Application.
- You will provide us with whatever proof of identity we may reasonably request.
You further agree to abide by these User Guidelines by using the Service or Application:
- Use the Service or Application to recruit, or solicit users for employment, or contact users to conduct business on behalf of a third parties.
- Use the Service or application for competitive purposes such as to ascertain features or technical information.
- Collect or store any information about any other user other than for purposes of transacting as an Pet Owner or Pet Provider.
- Use the Service or Application to find a Pet Provider or Pet Owner and then complete a transaction offline in order to circumvent your obligation to pay for the Service.
5. License Grant, Restrictions and Copyright Policy
Subject to your compliance with the terms and conditions of this Agreement, Barkly Pets hereby grants you a revocable, non-exclusive, non-transferable license: (i) to use the Service and Application; (ii) to view, download and print any Barkly Pets Content solely; (iii) to view any User Content to which you are permitted access. All rights not expressly granted to you in this Agreement are reserved by Barkly Pets and its licensors.
5.1. License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit, or transmit User Content. By making available any User Content on or through the Service or Application, you hereby grant to Barkly Pets a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such User Content only on, through or by means of the Service or Application. Barkly Pets does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any of your own User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service or Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or Application or you have all rights, licenses, consents, and releases that are necessary to grant to Barkly Pets the rights in such User Content, as outlined in this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or Barkly Pets’ use of the User Content (or any portion thereof) on, through or by means of the Service or Application will infringe, misappropriate or violate a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.2. Application License
Subject to your compliance with this Agreement, Barkly Pets grants you a limited, revocable, non-exclusive, non-transferable license to download and install a copy of the Application software on a single mobile device or computer that you own or control and to run such a copy of the Application solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third-party the Service or Application in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or internet-based device; (iv) reverse engineer the Application; (v) access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Service or Application, or (c) copy any ideas, features, or graphics of the Service or Application, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses, or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Service or Application.
You may use the Application and Service only for your own use and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third-party privacy rights; (iii) send or store material containing application viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or Application or the data and content contained therein; or (v) attempt to gain unauthorized access to the Service or Application or its related systems or networks.
Barkly Pets will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Barkly Pets reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Barkly Pets, in its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application.
5.3. Copyright Policy
Barkly Pets respects copyright law and expects its Users to do the same. It is Barkly Pets’ policy to terminate, in appropriate circumstances, Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Barkly Pets’ Copyright Policy at https://barklypets.com.com/legal/copyright.
6. Payment Terms
Any fees that Barkly Pets may charge you for the Service or Application are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, or decision to terminate your usage, disruption caused to our Service or Application either planned, accidental or intentional, for any reason whatsoever. Barkly Pets reserves the right to determine final prevailing pricing – Please note the pricing information published on the website may not reflect the prevailing price.
At its sole discretion, Barkly Pets may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. All promotional offerings made by Barkly Pets shall only apply to one account per household. We may change the fees for our Service or Application, as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service or Application.
6.1. Fee Structure
In exchange for making a Pet Provider’s service available to Pet Owners via the Service and Application, Barkly Pets keeps a small portion, in the form of a percentage, of each transaction between a Pet Provider and a Pet Owner conducted using the Service and Application. Pet Owners agree to pay the amount set by Barkly Pets (or the amount posted by the Pet Provider in some circumstances, as outlined above) with whom you have chosen. Pet Providers agree to pay Barkly Pets its then-current Platform Fees for any Pet Service provided through Barkly Pets’ Service and Application.
Barkly Pets pricing for pet services includes prior scheduled services, which are services booked ahead of 24 hours, and on-demand services. The costs of these services are different and most accurate prices can be found at www.barklypets.com. On-demand services being subject to a premium charge.
Pet Owners may elect to cancel scheduled or on-demand services at any time. Scheduled services canceled with less than 12 hours remaining until the requested service will be charged in full. On-demand services canceled over an hour after requesting will also be charged in full.
6.1.2. Open Balances
It is your responsibility to ensure that complete and accurate payment information is kept up-to-date in the Application. You will be notified by Barkly Pets support should a transaction fail to process and must update your payment information immediately upon receipt of such notification. Balances left open for over 7 days will be subject to an additional $35 late payment fee.
6.1.3. Pet Provider Penalties
Pet Providers may elect to reject previously accepted service requests at any time. Pet Providers are subject to a penalty when rejecting previously accepted scheduled service requests when less than 24 hours remains until the requested service. Pet Providers are additionally subject to a penalty when rejecting previously accepted on-demand service requests. Pet Provider Penalties will be reflected in the earning of a lesser commission on the immediate subsequent service to be fulfilled by that Pet Provider. If a Pet Provider accrues several penalties, they will be subject to lesser commissions on all subsequent walks until all penalties have been negated.
If a Pet Provider decides to terminate their agreement with Barkly Pets or if we decide to terminate our agreement with a Pet Provider, which we hold the right to do at anytime, the cost of the remaining penalties accrued by that Pet Provider will be deducted from the final direct deposit the Pet Provider receives from Barkly Pets.
6.2. Payment Interactions through Third-Parties
Payment processing services is one area where Barkly Pets utilizes third-party providers. We do this to better protect your personal information. Payment processing services on Barkly Pets are provided by Stripe and are subject to the Stripe Connected Account Agreement (found at https://stripe.com/connect/account-terms), which includes the Stripe Terms of Service (found at https://stripe.com/us/terms) (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement or continuing to operate as a Barkly Pets user, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Barkly Pets enabling payment processing services through Stripe, you agree to provide Barkly Pets accurate and complete information about you, and you authorize Barkly Pets to share it and transaction information related to your use of the payment processing services provided by Stripe.
7. Key Exchange and Home Security
The security of our customers' homes is of utmost importance to us. We take several steps to ensure that your home is secure during your Barkly Pets walks.
Barkly Pets offers Pet Owners complementary lock boxes to use for key exchange with Pet Providers. These lock boxes are provided upon request at no upfront charge to Pet Owners. Pet Owners have 30 days upon receiving their complementary lock box to use the Service once or are otherwise subject to a one-time $10 equipment charge for the lock box. Barkly Pets lock boxes are intended expressly to facilitate the provisioning of the Service. Any use otherwise constitutes a violation of these terms.
We ask that customers who are utilizing our complementary lock boxes ensure that they always have a secondary key available or in their possession at all times. In the rare instance that a lock box malfunctions or a key is lost, these secondary solutions will be important to ensure the continuity of your Barkly Pets service and the security of your home.
8. Pet Safety
The safety of your pet is a top priority of ours. As such, we ask that you ensure the following:
By utilizing our Service and Application, you verify that your pet is fully up-to-date on all necessary and applicable veterinary vaccinations. We encourage you to add information regarding your veterinary clinic to your pet's profile within our Application.
Our liability insurance does not cover the safety of your pet within the perimeters of a dog park and as such your pet will not be brought to a dog park unless your Pet Provider receives explicit instructions from you via the notes section within our Application, and no other form of instructions such as handwritten note, in-person conversation, phone call or text message, to visit a dog park. You acknowledge and assume all risk should you instruct a Pet Provider to visit a dog park.
9. Intellectual Property Ownership
Barkly Pets alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Service and Application and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service and Application. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service or Application, or any intellectual property rights owned by Barkly Pets. Barkly Pets’ name, logo, and the product names associated with the Service and Application are trademarks of the Company or third parties, and no right or license is granted to use them.
11. Third-Party Interactions
During use of the Service or Application, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors displaying their goods and/or services through the Service or Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Barkly Pets and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. We do not endorse any sites on the internet that are linked through the Service or Application, and in no event shall Barkly Pets or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party providers. Barkly Pets provides the Service and Application to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Barkly Pets disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.
Barkly Pets may include third-party advertising and marketing supplied through the Service or Application and other mechanisms to subsidize the Service or Application. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. Barkly Pets may compile and release information regarding you and your use of the Service or Application on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third-party you interact with through the Service or Application.
By entering into this Agreement and using the Service and Application, you agree that you shall defend, indemnify, and hold Barkly Pets, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (ii) your violation of any rights of any third-party, including Pet Providers using the Service or Application, or (iii) your use or misuse of the Service or Application.
13. Suspension, Termination, and Account Cancellation
Barkly Pets reserves the right to (i) modify, discontinue, temporarily or permanently, the Service (or any part thereof) or Application, and (ii) refuse any and all current and future use of the Service or Application, suspend or terminate your account (or any part thereof) or use of the Service or Application, for any reason, including if Barkly Pets believes you to be in violation of this Agreement, with or without cause. We shall not be liable to you or any third-party for any modification, suspension or discontinuation of the Service or Application. We will use good faith efforts to contact you to warn you prior to any such suspension or termination of your account taken by Barkly Pets.
14. Disclaimer of Warranties
IF YOU CHOOSE TO USE THE SERVICE OR APPLICATION, YOU DO SO AT YOUR OWN RISK. BARKLY PETS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESSS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. BARKLY PETS DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA; (B) THE SERVICE OR APPLICATION (INCLUDING ANY PET SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR APPLICATION (INCLUDING PET SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED OR; (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AND APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD-PARTIES THROUGH USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD-PARTY SERVICES OR PRODUCTS, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Network Delays
BARKLY PETS' SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, TELECOMMUNICATIONS NETWORKS, AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
16. Limitation of Liability
IN NO EVENT SHALL BARKLY PETS' AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL BARKLY PETS AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). BARKLY PETS AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER, ADVERTISER, OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE OR APPLICATION, EVEN IF BARKLY PETS AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BARKLY PETS MAY INTRODUCE YOU TO THIRD-PARTY PET PROVIDERS FOR THE PURPOSES OF PROVIDING PET SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY PET PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE BARKLY PETS FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY PET PROVIDERS. THE COMPANY WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD-PARTY PET PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING PET SERVICES OFFERED THROUGH THE SERVICE OR APPLICATION (WITH ALL ITS IMPLICATIONS) REST SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD-PARTY PET PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE BARKLY PETS FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR SOFTWARE, OR IN ANY WAY RELATED TO THE THIRD-PARTY PET PROVIDERS INTRODUCED TO YOU BY THE SERVICE OR APPLICATION. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “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.”
THE QUALITY OF THE PET SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PET PROVIDER WHO ULTIMATELY PROVIDES SUCH PET SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE AND APPLICATION, YOU MAY BE EXPOSED TO PET SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AND APPLICATION, AND SUCH THIRD-PARTY PET SERVICES, AT YOUR OWN RISK.
NOTHING CONTAINED WITHIN THE SERVICE OR APPLICATION CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL, OR MEDICAL MATTER, FOR EITHER YOURSELF OR YOUR PET, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY USING THE SERVICE OR APPLICATION, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THE SERVICE OR APPLICATION.
Barkly Pets may give notice by means of a general notice on the Service or Application, electronic mail to your email address on record with Barkly Pets, or by written communication sent by first class mail or pre-paid post to your address on record with Barkly Pets. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to Barkly Pets (such notice shall be deemed given when received by Barkly Pets) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Barkly Pets headquarters at the following address: Wepwo, Inc., 315 G St NE, #203, Washington, DC 20002 addressed to the attention of: Chief Executive Officer.
This Agreement may not be assigned by you without our prior written approval but may be assigned without your consent by Barkly Pets to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
19. Controlling Law
These terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of law principles.
20. Dispute Resolution
You agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Application (collectively, “Disputes”) will be settled by binding arbitration between you and Barkly Pets, except that Barkly Pets retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Barkly Pets are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Barkly Pets otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med [http:// www.adr.org/arb_med ] or by calling the AAA at 1-800 778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and Barkly Pets otherwise agree, the arbitration will be conducted in the State of New York. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Barkly Pets submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
No joint venture, partnership, employment, or agency relationship exists between you, Barkly Pets, or any third-party provider as a result of this Agreement or use of the Service or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Barkly Pets to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Barkly Pets in writing. This Agreement comprises the entire agreement between you and Barkly Pets and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Barkly Pets regarding the subject matter contained herein.
22. Other Parties
You accept that, as a corporation, Barkly Pets has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Barkly Pets’ officers or employees in respect of any losses you suffer in connection with the Service or Application. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this Agreement will protect Barkly Pets’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Barkly Pets.
23. Breaches of these Terms and Conditions
Without prejudice to Barkly Pets’ other rights under these terms and conditions, if you breach these terms and conditions in any way, Barkly Pets will take such action as we deem appropriate to deal with the breach, including suspending your access to the Service or Application, prohibiting you from accessing the Service or Application, blocking computers using your IP address from accessing the Service or Application, contacting your internet service provider to request that they block your access to the Service or Application and/or bringing court proceedings against you.