Our Lawyers Made Us Do This...
This website is operated by The Barkery Dog Treats. Throughout the site, the terms “we,” “us,” and “our” refer to The Barkery Dog Treats. The Barkery Dog Treats offers this website, including all information, tools, and services available from the site, including (but not limited to our e-commerce store) to all users conditioned upon all users’ acceptance of all of the terms and conditions set forth herein.
By visiting our site and/or purchasing a product from us, you engage in our “Service” and agree to be bound by the following terms and conditions (the “Terms” or the “Terms of Service”), including those additional Terms referenced herein and/or available elsewhere on our site. These Terms apply to all users of the The Barkery Dog Treats website including (without limitation) buyers, browsers, vendors, merchants, customers, and/or contributors of content.
Please read these Terms of Service carefully and completely before accessing or using our website. By accessing or using any part of the site, or purchasing any product from us through the site, you agree to be bound by these Terms of Service. If you do not agree to all of the Terms set forth herein, then you may not access the website or use any Service.
Any new tools, products, content, or features which are added to the The Barkery Dog Treats website or the related e-commerce store are also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, but do not assume the obligation, to update, amend, or replace any or all of these Terms of Service by posting updates and/or changes to the website. It is your responsibility to check this page each time you use the website to determine if any changes have been made which are material to you. Your continued use of the website, access to the website, or purchasing of products from our e-commerce store constitutes acceptance of any changes or updates to the Terms.
Our e-commerce store is hosted by GoDaddy.com, which provides us with the on-line platform that allows us to sell our products to you.
Section 1 — Store Terms
By agreeing to these Terms of Service, you represent and warrant that you are at least the age of majority in your state or province or that you are the age of majority in your state or province and have given us your consent to allow any of your minor children or other dependents to use this site.
You may not use our website or any of our products for any illegal or unauthorized purpose nor may you, as part of using any Service, violate any laws in your jurisdiction including (but not limited to) copyright or criminal laws.
You are not permitted to transmit any malware, viruses, or codes of any kind through our website or e-commerce store.
Any breach or violation of any of the Terms of Service will result in an immediate termination of your Services.
Section 2 — General Conditions
We reserve the right to refuse service and/or to sell any product to anyone for any reason at any time.
You agree not to reproduce, duplicate, sell, copy, resell, republish, or exploit any portion of the Service, use of the Service, or access to the Service or any content on the website through which the Service is provided, without our express written advance permission.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect the Terms.
Section 3 — Information
We are not responsible if the information made available on this website or in our e-commerce store is not accurate, complete, or current. Said material is provided for general information only and should not be relied upon or used as the sole basis for making any decisions without consulting primary, more accurate, more complete, or more current sources of information. Any reliance on the material on this site or in our e-commerce store is at your own risk.
The site may contain certain historical information. Historical information is, by definition, not current and is provided for your reference only. We reserve the right, but do not assume the obligation, to modify the contents of this site at any time. It is your responsibility to monitor changes to our website and e-commerce store before using same.
Section 4 — Changes
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service or any portion thereof without notice at any time.
We shall not be liable to you or to any third party in any manner for any modification, price change, suspension, or discontinuation of the Service or any portion thereof.
Section 5 — Products
Certain products may be available exclusively on-line through the website or our e-commerce store. There are no refunds.
While we have made every effort to display our products on the website as accurately as possible, the colors, images, sizes, and general appearance of our products may not appear in person as they appear on the website.
We reserve the right, but do not assume the obligation, to limit the sales of our products to any person, entity, geographic region, or jurisdiction. We may exercise this right, if we choose to do so, on a case-by-case basis in our sole and absolute discretion. We reserve the right to limit the quantities of any products that we offer. Any descriptions of products and product pricing are subject to change at any time without notice at our sole and absolute discretion. We reserve the right to discontinue any product at any time. Any offer to sell any product made on this website is void where prohibited by law. We do not warrant that the appearance and/or quality of any products, information, or other material viewed and/or purchased by you or obtained by you from our website or our e-commerce store will meet your expectations or that any errors and the Service will be corrected.
Section 6 — Account Information
We reserve the right to refuse any order you place with us. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per company or entity, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping addresses. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting you through the e-mail and/or billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole and absolute discretion, appear to be placed by unauthorized dealers, resellers, or distributors.
You agree to provide current, accurate, and complete purchase and account information for all purchases made at our e-commerce store or in person at any of our community events. You agree to promptly update your account and other information, including (but not limited to) your e-mail address, billing and shipping addresses, and credit card number and expiration date so that we may timely complete your transactions and contact you as needed.
Section 7 — Third-Party Links
Certain content, products, and/or services available via our Service may include products or materials from third parties.
Third-party links on our site may direct you to third-party websites that are neither affiliated with nor controlled by us. We are not responsible for and disclaim any liability for examining or evaluating the content or accuracy of the information on such third-party websites and we do not warrant and hereby disclaim any liability or responsibility for any third-party materials or websites or for any other materials, services, or products of third parties.
We are not liable and hereby disclaim any responsibility for any harm or damage related to the purchase or use of any services, goods, content, resources, or other transactions made in connection with or on any third-party websites.
Please review carefully the policies and procedures of any third-party websites which you may visit from The Barkery Dog Treats and make sure you understand and agree to them before you engage in any transaction related to same. Complaints, questions, concerns, or claims related to any third-party websites, transactions, or products should be directed to the third parties.
Section 8 — User Feedback and Submissions
If you send certain specific submissions (for example, testimonials or reviews) with or without a request from us or you send creative ideas, suggestions, proposals, or other items, whether on-line, by e-mail, by regular mail, or otherwise (collectively, “Ideas”), you agree that we may, at any time, in our sole and absolute discretion, edit, copy, disseminate, publish, distribute, and otherwise exploit any Ideas that you forward to us. We will be and are under no obligation to (1) maintain any Ideas in confidence; (2) pay any compensation, direct or indirect or otherwise, for any Ideas; or (3) to respond to any Ideas.
From time to time we may, but disclaim any obligation to, edit, monitor, moderate, or remove content that we determine in our sole and absolute discretion is or might be unlawful, threatening, offensive, defamatory, obscene, or otherwise objectionable, violates any party’s intellectual property or privacy rights, or is contrary to these Terms of Service.
You agree that your Ideas will not violate any right of any third parties, including (but not limited to) copyright, privacy, trademark, or other personal or proprietary right. You further agree that your Ideas will not contain any defamatory material, material which might otherwise be unlawful, abusive, or obscene, or contain any computer virus or other malware that could in any way affect the operation of the Service, our e-commerce store, or any other related website.
You may not use a false or assumed e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third parties with whom we may deal as to the origin of any Ideas. You are solely responsible for any Ideas you submit, their accuracy, and their authenticity. We take no responsibility and disclaim all liability for any Ideas posted by you or any third party.
Section 9 — Personal Information
Section 10 — Errors and Omissions
Despite our best efforts, there may occasionally be information on our site, in our e-commerce store, or in the Service that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, shipping charges, offers, transit times, availability, product characteristics, and other items. We reserve the right to correct any such errors or omissions and to change and update information or cancel orders if any information in the Service, in our e-commerce store, or on any related website is inaccurate at any time, without prior notice, including (but not limited to) after you have submitted your order.
We undertake no obligation to, and disclaim any liability for, updating, amending, or clarifying information in the Service or on any related website including (without limitation) pricing information or product descriptions except as required by law. No specified update or refresh date applied in the Service, in the e-commerce store, or on any related website should be interpreted to indicate that all information in the Service, e-commerce store, or in any related website has been modified or updated.
Section 11 — Uses Prohibited
In addition to the other terms and conditions set forth in these Terms of Service, you are prohibited from using the website, e-commerce store, or the content of either of same (1) for any unlawful purpose; (2) to solicit others to participate in or perform unlawful acts; (3) to violate any state, local, national, or international ordinances, laws, rules, or regulations; (4) to infringe upon or violate the intellectual property rights of The Barkery Dog Treats or others; (5) to abuse, insult, harm, defame, slander, harass, stalk, disparage, intimidate, or discriminate against any person for any reason; (6) to upload or transmit any virus or other malware that will or may be used in any way related to the Service, the website, or our e-commerce store; (7) to collect or track the personal information of others; (8) to phish, pretext, spider, pharm, spam, crawl, or scrape; (9) for any unlawful, obscene, or immoral purpose; or (10) to interfere with, bypass, or circumvent the security features of the website, our e-commerce store, or the Service. We reserve the right, in our sole and absolute discretion, to limit or terminate your use of the Service for any time and any reason.
Section 12 — Limitation of Liability/No Warranties
We do not represent, warrant, or guarantee that your use of our Service will be uninterrupted, timely, secure, or error free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may in our sole and absolute discretion remove the Service for indefinite periods of time or cancel the Service at any time with or without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, either express or implied, including any and all express and/or implied warranties or conditions of merchantability, merchantable quantity, fitness for particular purpose, durability, title, non-infringement, or guarantee of performance.
In no case shall The Barkery Dog Treats, our members, managers, officers, employees, affiliates, agents, contractors, representatives, interns, suppliers, service providers, or licensors be liable for any and all injury, loss, claim, damage, or any direct, indirect, consequential, incidental, punitive, special, or other damages of any kind, including (without limitation) lost revenue, lost profits, lost savings, identity theft, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service or for any other claim related in any way to your use of the Service or any product including (but not limited to) any errors or omissions in any content, any loss or damage of any kind incurred as a result of or relating to the use of the Service or any content (or product) purchased, posted, transmitted, or otherwise made available via the Service. Because some states, provinces or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, we agree that our liability shall be limited to the maximum extent permitted by law.
Section 13 — Indemnity
You agree to indemnify, defend, and hold harmless The Barkery Dog Treats, our members, managers, officers, employees, affiliates, agents, contractors, representatives, interns, suppliers, service providers, or licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or due to your breach of any of these Terms of Service or your violation of any law or the rights of any third party related to these Terms of Service, our website, our e-commerce store, or any product offer for sale or sold thereby.
Section 14 — Severability and Termination
In the event that any provision of or portion of these Terms of Service is determined to be unlawful, void, or unenforceable, such provisions or terms shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion thereof shall be deemed to be severed from these Terms of Service such that said determination of invalidity shall not affect the validity and enforceability of any other remaining provisions in these Terms of Service.
These Terms of Service remain effective unless until terminated by us. You may terminate these Terms of Service at any time by ceasing to use our website or our e-commerce store.
If, in our sole and absolute discretion, we believe that you will or have failed to comply with any term or provision of these Terms of Service, we may limit or prevent you from using the Service on any terms or conditions on which we in our sole and absolute discretion deem appropriate.
Section 15 — Entire Agreement and Estoppel
These Terms of Service and any policies or operating rules posted by us on our website, in our e-commerce store, or in respect to the Service shall constitute the entire agreement and understanding between you and us and govern your use of all or any part of the Service. These Terms of Service supersede any prior or contemporaneous agreements, communications, and proposals of any kind or type between you and us, including (but not limited to) any prior versions of the Terms of Service.
The failure of us to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of the right of us to enforce such right or provision in the future.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against The Barkery Dog Treats.
Section 16 — Governing Law
These Terms of Service, any purchases by you through our e-commerce store, and any separate agreements into which we may enter will be governed by and construed in accordance with the laws of the Province of Manitoba.