Terms and Conditions

Acceptance of Terms and Conditions

Welcome to barkandwhiskers.com, a service of Bark and Whiskers, LLC, a California Limited Liability Company (hereinafter collectively referred to as “B&W,” Company“, “we” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively,) these “Terms and Conditions,” govern your use of barkandwhiskers.com, and related transactions (the “Service”).

Please read the Terms and Conditions carefully before you start to use the Service as they set forth your legal rights and obligations. By navigating to this website, or related Sites or Applications, controlled by B&W, you shall be required to abide by certain conditions as set forth below. If you cannot agree to these conditions, please discontinue using these Services.

During the registration process, as described below, you will be required to accept these Terms and Conditions when this option is made available to you. Your acceptance of these Terms and Conditions shall form a legally binding contract governing your continued use of these Services and all resulting transactions.

By using this Service, you represent and warrant that you are of legal age of majority in the jurisdiction in which you reside in order to use this website and to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

You warrant that you understand that laws may vary by state or municipality, and as such you are responsible for compliance with all laws, regulations, and rules for all activities undertaken in your use of barkandwhiskers.com.

Services

B&W provides this Service that sells various pet products, as manufactured by our suppliers, to our users.  Orders may also be placed the Service. While we will use our best efforts to fulfill all orders, B&W cannot guarantee the availability of any particular product displayed on this website. We reserve the right to discontinue the sale of any product listed on this Service at any time without notice.

Registration

To use our Services, you must first register with B&W.  By registering your account with B&W, you represent that you are at least 18 years old and that, to the best of your knowledge and belief, your registration information is truthful, accurate, and complete.  A user name and password will be assigned by us or chosen by you.  You understand and agree that you are responsible for maintaining the secrecy of your password and for activities occurring under your account.  You should change your password promptly and notify us if you believe that others are accessing your account.  To protect yourself and B&W, you understand and agree that you will not share your user name and password with others. In the event you allow others to access your registered account they must do so with your express permission and direct supervision. You agree that you have assumed all responsibility for access to your registered account. In the event you believe an unauthorized user has accessed your account please contact us immediately.

Payment

All payments due through this Service shall be at the price listed. Payment for your transaction shall be made through our trusted third party payment processor, Chase Paymentech. At no time shall B&W, or any functionality of our related Services store, or otherwise have access to your payment data.

TERMS OF SALE

 1.  Products and Pricing.

All products listed through this Service are provided by our selected third party partners (“Products”), the contents, descriptions, and prices are each subject to change with due notice.

2.  Reservation of Rights.

We reserve the right, at any time, to make changes to products to improve quality, towards this end we also reserve the right to suspend or discontinue the sale of any Product with or without notice.

3.  Orders.

Upon placing an order, and as your order is processed, your order constitutes an offer and shall not to be considered accepted until transmit shipping information.

If we are unable to process your order for any reason, we will either not process payment, in the event payment has processed we shall issue a credit to your payment account in the amount charged for the cancellation.

4.  Payment Terms.

For each Product ordered, you agree to pay the listed price for the Product as of the time you submitted your order and applicable delivery fees.

B&W will automatically apply all applicable sales and use taxes for any order to be delivered within the State of California.  For any other orders, you understand and agree that you are solely liable for the payment of any applicable sales and use taxes, customs, and other related fees.

5. Shipping Policy.

Products will be shipped according to the shipping method selected when your order is placed. All delivery dates provided by Company are estimates and include order processing and packing time. You will receive a confirmation to the email you provided at registration when your order has shipped.

6.  Returns

If the Product arrives damaged or is not as described on the Product information page, B&W will happily exchange a product if B&W made an error in shipping you a product that is not as selected or described.  You understand and agree that accepting an item for exchange is at B&W’s sole discretion. For further information refer to our Returns Policy.

7. Charge-Backs

B&W shall take all necessary actions to limit and deter credit card fraud. If you believe your payment information has been compromised, we encourage you to contact Chase Paymentech. In the event B&W determines, in their sole discretion, that fraudulent chargebacks may have been initiated, we reserve the right to suspend or terminate the associate registered account. It is solely your responsibility to contact Chase directly regarding unauthorized payments, and requesting a refund if appropriate, B&W reserves the right to limit your recourse to exchange-only. We may take whatever actions we deem appropriate, including referring you to the original manufacturer to replace defective items.

B&W Service and Website Content

You understand and agree that our all content is protected by Copyright Law and as such, you will not infringe or make use of such content in a manner that has not been authorized, or for purposes other than the intended personal and noncommercial use.

All content provided by users or third parties is protected by their copyrights and B&W takes no responsibility for their accuracy. To the extent, this service allows users to leave comments or otherwise communicate through this Service. You agree that no such content shall infringe the intellectual property rights of others.

Any information or content provided by, or on behalf of, B&W is for informational purposes and you shall place no undue reliance on such information.

Trademarks

The trademarks, service marks and logos (the “Trademarks”) used and displayed on this website are registered and unregistered trademarks of Bark and Whistle, LLC, our suppliers, and others. Nothing on this Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the website, without the prior written permission of the Trademark owner.  B&W aggressively enforces its intellectual property rights to the fullest extent of the law.   The name of Funny Fur and the Funny Fur logo may not be used in any way, including in advertising or publicity or other, without prior, written permission from Funny Fur Inc. Other product and company names mentioned in this website may be the Trademarks of their respective owners.

Termination of Your Account

If you violate any provision of this Agreement, B&W may terminate or suspend your account without warning. Termination or suspension of accounts does not preclude any other remedy or recourse B&W may have available to them.

Disclaimer of Warranties

YOUR USE OF BARKANDWHISKERS.COM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH BARKANDWHISKERS.COM IS AT YOUR OWN RISK. BARKANDWHISKERS.COM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH BARKANDWHISKERS.COM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF BARKANDWHISKERS.COM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT BARKANDWHISKERS.COM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH BARKANDWHISKERS.COM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT BARKANDWHISKERS.COM OR ANY SERVICES OR ITEMS OBTAINED THROUGH BARKANDWHISKERS.COM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Release

 You hereby release and discharge B&W, it’s officers, employees, agents, successors, and assigns, from all existing or potential disputes, claims, controversies, demands, obligations, liabilities, or any possible cause of action of any kind, for all acts or omissions of B&W.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH BARKANDWHISKERS.COM OR SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns 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 of Use, including, but not limited to, your User Contributions, any use of the Company’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Company.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms or the Site or Services (a “claim”) must be brought in a federal or state court located in California, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding, unless such claim is submitted to arbitration as set forth below. Notwithstanding anything to the contrary.

Your Comments and Concerns

This website and related services are operated by Bark and Whiskers, LLC, 16 Adrian Court, Burlingame, CA 94010, United States

All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to: info@barkandwhiskers.com.

Thank you for visiting barkandwhiskers.com.

Privacy Policy

B&W.com is committed to your right to privacy and takes your privacy seriously. This privacy policy statement (“Privacy Policy”) describes our collection, use, and disclosure of your personal information. This Privacy Policy is incorporated into the Terms of Use Agreement. B&W.com may collect, use, and disclose your personal information only to the extent described in this Privacy Policy.

Information Collected



We track the following categories of information when a visitor enters the Site: IP address, domain servers, type of computer used to access the Site, types of web browsers. Such data does not collect information that identifies you as an individual. B&W.com uses Anonymous Data for general marketing purposes and to help enhance customer experience on the Site.

We also use cookies when you visit this site to help us remember and process the items in your shopping cart. Cookies also help us understand your preferences based on your site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

You can adjust your cookies settings to determine what information you wish to share with us.

When you order products from us, we will require you to provide us with information that can identify you as an individual, such as your first and last name, mailing address, city, state, zip code, phone number and email address. You will not be required to share any financial or payment information. Your payments will be processed by a trusted third party provider, Chase Paymentech.

To the extent that you choose to post User Generated content on the Website, information on the website, you understand that any information is able to be viewed by the public, and you should use common sense about what information to share.

Confidentiality and Security of Contact Information



We will not share your Contact Information with third parties, unless such disclosure is necessary (as determined in our sole discretion) to: (a) comply with a court order or other legal process; (b) protect the rights, property, and/or safety of B&W.com, Bark and Whiskers LLC or any third party; or (c) enforce the Terms and Conditions.

California Online Privacy Protection Act

We observe CalOPPA, and we agree to the following:

  • Users can visit our site anonymously.
  • This privacy policy can be accessed upon entering our website.
  • Our Privacy Policy link includes the word ‘Privacy’.
  • Users will be notified of any privacy policy changes on this page.
  • Users can change their personal information settings by logging into their account.
  • We obey do not track signals and do not track, plant cookies, or use advertising when a DNT browser mechanism is in place.
  • We do not use third party behavioral tracking.

Children Online Privacy Protection Act

We observe the Children’s Online Privacy Protection Act, which prohibits the collection of personal information from children under 13.

  • We do not specifically market to children under the age of 13.
  • Use of our services is intended for parents and should not be used by anyone under the age of 13 without parental supervision.

Updates and Changes to Privacy Policy



We reserve the right, to add to, change, update or modify this Privacy Policy, by posting such change, update or modification on this Privacy Policy. Any such change, update or modification will be clearly marked and shall be effective immediately upon posting.

Contact



If you have any questions about this Privacy Policy, or your dealings with the B&W.com Site, you can contact us at info@barkandwhiskers.com.