FitBark Inc. (“us”, “we”, or “our”) designs products that monitor pet health & lifestyle (the “Devices”), operates www.fitbark.com (individually the “Website” and collectively with its sub-domains, the “Websites”), the FitBark mobile applications (each an “App” and collectively the “Apps”) and the FitBark API (the “API”). The Devices, Websites, Apps and API are collectively referred to as the FitBark “Service” or FitBark “Platform”.
By using FitBark, you agree with all the terms below.
By creating a user account (“Account”) on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
From time to time, we may send you emails based on your profile settings.
If you wish to make a purchase through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your ACH information, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product availability, errors in product pricing or description, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We might not deliver your product or service if, for instance, we don’t have sufficient inventory or we suspect fraudulent activity.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
There might be mistakes and inaccuracies in our product pricing and description.
Contests, Sweepstakes and Promotions
Subject to FitBark’s adherence with the privacy settings you select within the Service, the Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting User Content on or through the Service, you represent and warrant that: (i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to remove any content and/or terminate the Account of anyone found to be infringing on a copyright of any other property rights of any person or entity.
You retain any and all of your rights to any User Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Service. However, by posting User Content using the Service you grant us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sub-license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit such User Content on and through the Service.
FitBark Inc. has the right but not the obligation to monitor, remove and edit all User Content provided by users. In addition, content found on or through this Service (other than User Content) are the property of FitBark Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
We will edit, remove any content and/or terminate the Account of anyone infringing on a copyright.
When you create an Account with us, you represent and warrant that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account on the Service. If you are 13 or older but under the age of 18, you should review the Terms with your parent or guardian to make sure that you and your parent or guardian understand them.
Full use of the Service requires compatible FitBark products, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The Service is not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to the Service.
You are responsible for maintaining the confidentiality of your Account and password, including but not limited to restricting access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
We reserve the right to refuse service, terminate your Account, remove or edit content, or cancel orders in our sole discretion.
You may not use FitBark is you’re below 13 years of age. If you’re between 13 and 18, read this document with your parents. Keep your password safe, and make sure to update FitBark products as prompted.
You represent that you are using the Service for its intended purpose. If you are registering or using the Service on behalf of a company or other organization, you represent that you have authority to bind such company or organization by your actions.
If you register your Account on behalf of a company, we assume you have authority to represent that company.
The Service and its original content (excluding User Content), features and functionality are and will remain the exclusive property of FitBark Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FitBark Inc.
You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Service except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use.
Please respect our IP, copyright, trademarks and brands.
Links To Other Websites
Our Service may contain links to third party websites or services that are not owned or controlled by FitBark Inc.
FitBark Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that FitBark Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
You can deactivate your Account by contacting us.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may stop providing services at any time. You can stop using your account or close it at any time as well.
Content through the Service is for informational purposes only and is not intended to replace the relationship between you and your veterinarian or other medical providers. We are not a licensed veterinary provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition that your dog may have. You should always consult a veterinarian before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Services.
You should understand that when your dog participates in any exercise or exercise program, there is the possibility of animal or human physical injury and/or death. If you think you may have a medical emergency, call your veterinarian immediately. Dogs who are prone to ingesting or chewing physical objects should not use the Service unless such use is directed and closely monitored by a veterinarian. By using the Service, you represent that you have received consent from your veterinarian to participate in the Service.
We are not responsible for any health problems that you or your dog may develop resulting from training programs, products, or events you learn about through the Service. If you or your dog engage in an exercise program you receive or learn about through the Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
We are not responsible for animal or human death. Consult your veterinarian before your dog engages in an exercise plan. Do not get your dog a FitBark if he is prone to ingesting socks or any other physical products.
You agree to defend, indemnify and hold harmless FitBark Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your Account and password; b) a breach of these Terms, or c) Content and User Content posted on the Service.
We are not liable if something goes really wrong, and you will have to compensate us in certain situations.
Limitation Of Liability
In no event shall FitBark Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Again, we are not liable under most circumstances.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
FitBark Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
At times things can go wrong and the service may be interrupted. Unlikely, but sometimes things can go really wrong.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Certain limitations may not apply to you, depending on where you live.
These Terms shall be governed and construed in accordance with the laws of Missouri, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 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. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
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 Service 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 the Service.