Agreement between user and Bark Appeal Inc The Bark Appeal website (the “Site”) is comprised of various web pages operated by Bark Appeal, Inc. Our website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of barkappeal.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy: Your use of barkappeal.com is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications: Visiting barkappeal.com or sending emails to Bark Appeal, Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account: You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Bark Appeal, Inc. are not responsible for third party access to your account that results from theft or misappropriation of your account. Bark Appeal, Inc. reserve the right to refuse or cancel service and terminate accounts in our sole discretion. Bark Appeal, Inc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you must have permission of a parent or guardian to purchase from our website.

Damaged Items / Missing Items: If you receive any damaged product, missing an item, please contact our office 949.276.2400 within 5 business days of receipt of your order and we will get a replacement item sent out to you. Any product sent back to us without contacting our office first, will not be accepted and or will be subject to a 15% restocking fee. Customers are responsible for all return and exchange fee.

Return / Exchange Policy: Please contact our office within 5 days from receipt of your product and let us know what you need to return / exchange. You will be given a RMA # and instructions that follow. You will be responsible for a flat fee of $7.95 that covers the processing of your exchange. Please don’t send any items back to our office without a RMA #. Returns / Exchanges are for product only. International orders will be subject to the cost of the shipping to resend the item being returned/ exchanged.

MAP: All customers are to follow the MAP that Bark Appeal, Inc. has set in place for Brick and Mortar location and Online/Third Party sales. Bark Appeal reserves to stop selling to retailors that do not follow these guidelines without notice.

Online Retailors: To use the Bark Appeal name on any advertising of our product, you must offer our entire Harness line, colors and sizes. All links using the Bark Appeal name must go solely to Bark Appeal products offered on that site.

Subscription Cancellation: You may cancel your subscription any time. If your product has already shipped, you will be responsible for the product and your subscription will be canceled from that point forward. Please contact us at cancelmysubscription@barkappeal.com or 949.276.2400 with any questions. Bark Appeal, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bark Appeal, Inc. sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Bark Appeal, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Bark Appeal, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Bark Appeal, Inc. is not responsible for any content on third party sites regarding any of Bark Appeal, Inc you are responsible for adhering to such limitations if you upload the materials.

International: If you access the purchasing our product from a location outside the USA, you are responsible for compliance with all local laws. Indemnification: You agree to indemnify, defend and hold harmless Bark Appeal, Inc and any of its officers, employees and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bark Appeal, Inc. 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 Appeal, Inc. in asserting any available defenses.

International Shipping Charges:ย Orders shipped to Canada will have a flat rate shipping charge of $9.95. The shipping doesn’t include any duty / tax fees the order might incur and you will be responsible for that.

Arbitration: In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other comfort, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver: Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability disclaimer: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BARK APPEAL,INC MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. Bark Appeal, Inc. MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BARK APPEAL, INC. HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BARK APPEAL, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BARK APPEAL, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction: Bark Appeal, Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bark Appeal, Inc. as a result of this agreement or use of the Site. Bark Appeal, Inc. performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bark Appeal, Inc. right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bark Appeal, Inc. with respect to such use. If any part of this agreement 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 the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bark Appeal, Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bark Appeal, Inc. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms: Bark Appeal, Inc. reserves the right, in its sole discretion, to change the Terms of this website. The most current version of the Terms will supersede all previous versions. Bark Appeal, Inc. encourages you to periodically review the Terms to stay informed of our updates.

Privacy Policy May Be Viewed Here

Contact Us: regarding the Terms:

PO Box 73073
San Clemente, CA 92673

Email: sales@barkappeal.com
Phone: 949.276.2400