Thank you for visiting our Hungry Bark website. These Terms of Use (“Terms”) govern your interaction with our websites and application, as well as any orders you place with us. These Terms are very important and affect your legal rights, so please take the time to read them carefully. Note that Section 18 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

By accessing or using the websites, web or mobile applications or blogs (collectively, the “Sites”) provided by Hungry Pet Nutrition, LLC or our affiliates (collectively, “Hungry Bark,” “we,” “us” or “our”), you agree to be bound by these Terms and all of the terms incorporated by reference. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use the products and services made available through the Sites (collectively, the “Products”).

If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.

The effective date of these terms is set forth on the top or bottom of this webpage.  While we do not intend to change these terms often, we reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by posting notice on this webpage and updating the “Last Updated” date at the top or bottom of these Terms, by emailing you or by other means. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.

1. Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

2. Eligibility
The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) you are 18 years of age or older, (b) you are a legal resident of the United States, (c) you have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) your registration and your use of the Sites will comply with all applicable laws, (e) you do not have more than one Hungry Bark account, and (f) you have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

3. Registration, Account and Communication Preferences
In order to access and use certain areas or features of the Sites, you will need to register for a Hungry Bark account. By creating an account, you agree to (a) provide accurate, current and complete account information about you and your pet(s), (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account. Additionally, we reserve the right to refuse access to, or use of the Sites to anyone, and may terminate any account, at any time, in our sole discretion. You are only authorized to create and use one account for the Sites and are prohibited from using alter egos or other disguised identities when using the Sites.

By creating a Hungry Bark account, you also consent to receive electronic communications from us (e.g., via text, chat, email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us. We may also send you promotional communications, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional communications at any time by following the accompanying unsubscribe instructions or contacting us.

4. Terms of Sale

4.1. Pet food; Pet Supplements; Pet Treats; Meal Subscriptions; Continuous Subscriptions; Cancellation Policy

Pet Food. OUR PRODUCTS ARE DESIGNED FOR PET CONSUMPTION. Our food is specifically formulated for pets, not people!

Meal, Treat and Supplement Subscriptions. We offer different subscription plans for our various meals and supplements (each, a “Subscription”).

Continuous Subscriptions. WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) HUNGRY BARK (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. IF YOUR PAYMENT DETAILS CHANGE, YOUR CARD PROVIDER MAY PROVIDE US WITH THE UPDATED PAYMENT DETAILS. WE RESERVE THE RIGHT TO USE THESE UPDATED DETAILS FOR FUTURE CHARGES IN ORDER TO HELP PREVENT ANY INTERRUPTION TO THE DELIVERY OF SERVICE.

ADDITIONALLY, BY SIGNING UP FOR OUR SUBSCRIPTION YOU ARE AGREEING TO RECURRING PERIODIC PAYMENTS FOR AN INDEFINITE TIME UNTIL DEACTIVATED BY YOU OR US, ON THE SUBSCRIPTION TERMS SET OUT IN THE APPLICATION FORM YOU HAVE COMPLETED, SUBJECT TO VARIATION IN ACCORDANCE WITH THIS SECTION. YOU CAN DEACTIVATE YOUR SUBSCRIPTION AT ANY TIME, PROVIDED THAT YOU DO SO WITHIN THE APPLICABLE DEACTIVATION NOTICE PERIOD SET FORTH BELOW. YOU WILL NOT BE CHARGED FOR ANY DEACTIVATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR DEACTIVATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU.

FURTHERMORE, FOLLOWING YOUR INITIAL SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR THE PERIOD STATED IN YOUR RECEIPT SUMMARY. YOU CAN LOG ON TO YOUR ACCOUNT TO DEACTIVATE YOUR SUBSCRIPTION OR EMAIL WECARE@HUNGRYBARK.COM AND WE WILL DO IT FOR YOU. FULL DETAILS FOR DEACTIVATION PROCEDURES ARE SET FORTH BELOW THIS SECTION. IF YOU DEACTIVATE, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM; YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD.

In the event you freeze or cancel your Subscription, please note that we may still send you promotional communications unless you opt out of receiving those communications by following the accompanying unsubscribe instructions or contact us.

4.2. Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account.

Products purchased by and shipped to users in locations in the U.S. may be subject to applicable state or local sales or use tax, privilege tax or similar transaction-based taxes (“State Tax”). Products purchased and shipped to users in locations outside the U.S. may also be subject to applicable taxes, including value added taxes (collectively, with State Tax, “Taxes”). The amount of Taxes is based on a number of factors, including but not limited to the type of Products purchased, your billing address or the location of the designated delivery address if different from the billing address.

You are responsible for paying the applicable Taxes and/or duties associated with the purchase of any Products through the Service. For Buyers in the U.S., the rate of Taxes applied to purchase of taxable Products is a combined rate based on the state and local rates of the address where the Products are purchased or shipped to.

You acknowledge that the amount billed may vary due to promotional offers, changes to your Subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.

In the event your credit card fails when we attempt a charge, we will try again periodically and promptly notify you and try again periodically. If we cannot successfully charge your card, we reserve the right to not send your Order. If we do send your Order, you are responsible for prompt payment.

4.3.1. Charge Timing for Subscriptions and Subscription Add-ons

We will charge for your first order at the time you complete signup. Subsequent orders typically will be charged 4-8 days prior to your next scheduled delivery, though timing may vary.

4.3.2. Charge Timing for One-time Purchases

One-time purchases not part of a subscription plan, or placed concurrently with a first subscription order, will be charged at the time the order is placed.

4.3.3. Changes to Recurring Orders

CHANGES TO AN UPCOMING RECURRING ORDER CAN BE RECEIVED ANYTIME BEFORE THE ORDER IS PROCESSED FOR PAYMENT TO TAKE EFFECT. We reserve the right to change or modify our charge times and order cutoff at our sole discretion.

4.4. Account Ledger

Your account may be associated with a ledger with a positive or negative balance. Balances may be created or earned through prepayments, loyalty incentives or other offers or mechanisms we make available from time to time. Your balance may be negative if we are unable to process payment for an Order.

When we process an Order for payment we first will debit any existing account balance and then charge the remainder to your payment method. Similarly, if you have a negative balance such amount first will be added to the charge amount.

4.4.1. Promotional Credit

At our discretion we may offer the ability to purchase account credits at a discount, such as $100 of account credit for $90 (“Promotional Credits”). PROMOTIONAL CREDITS ARE NONREFUNDABLE AND ONLY MAY BE USED TO PURCHASE OUR PRODUCTS. PROMOTIONAL CREDITS ARE VALID FOR 90 DAYS FROM THE DATE THEY ARE ISSUED.

4.4.2.  Loyalty or Gift Credit

At our discretion we may place credit in your account. Such credit has no cash value, may expire and may only be used for purchases of our Products.

4.4.3. Memberships

At our discretion we may make available the purchase of memberships entitling you to certain benefits or discounts over a specified period of time. Memberships are nonrefundable.

4.4.4. Gift Card Website Terms

4.4.4.1 General

These terms and conditions apply to Hungry Bark e-Gift Cards purchased or gifted via hungrybark.com. By purchasing, using or accepting Hungry Bark e-Gift Cards you accept these terms and conditions (“Terms and Conditions”). Hungry Bark reserves the right to interpret, modify, or terminate the Terms and Conditions without notice. The most recent Terms and Conditions will always be posted at hungrybark.com. Hungry Bark e-Gift Cards are not redeemable for cash except as required by law.  Void where prohibited or restricted by law.

Hungry Bark e-Gift Cards may only be used online at hungrybark.com. You can use the Hungry Bark e-Gift Cards to pay for the full value or part of the value of your selected item(s).
No reproductions or entries from Hungry Bark e-Gift Cards will be accepted. If your purchase online is not completely covered by Hungry Bark e-Gift Cards you can use an additional payment method to complete the purchase.

4.4.4.2 Delivery

If you purchase your Hungry Bark e-Gift Card, you will receive the Hungry Bark e-Gift Card immediately to the email provided after the purchase is completed. If the Hungry Bark e-Gift Card is a gift with purchase or promotional offer, Hungry Bark will email the Hungry Bark e-Gift Card when the date of validity begins according to the offer, never to exceed a 30 day period. 

If you order a Hungry Bark e-Gift Card you are obligated to provide a correct email address for delivery. If the address you have provided cannot be confirmed, Hungry Bark reserves the right to withhold the delivery of the Hungry Bark e-Gift Cards.

4.4.4.3 Validity 

Each purchase of Hungry Bark e-Gift Cards is limited to a maximum value of $300. The minimum value for Hungry Bark e-Gift Cards is $5. 

The Hungry Bark e-Gift Cards can be used until the balance of the card is zero.

4.4.4.4 Return

If you paid for your order with two different payment methods, you'll receive a refund on your second payment method first. For example, if you paid for your order using a gift card and credit card, we will first refund you on the credit card. If the value of articles you returned exceeds the amount paid with the credit card, the rest will be refunded in the form of an e-gift card, unless the e-Gift card was a gift with purchase.

If you received the Hungry Bark e-Gift Card as part of a gift with purchase or promotional offer, items purchased with the Hungry Bark e-Gift Card are non-refundable, unless the purchase amount exceeded the Hungry Bark e-Gift Card amount. Any portion that exceeded the Hungry Bark e-Gift Card amount is refundable in accordance with our refund/return policy. 
Hungry Bark e-Gift Cards cannot be exchanged for cash except as required by law.

4.4.4.5 Limited Liability

Hungry Bark cannot be held liable for Hungry Bark e-Gift Cards once activated, which subsequently are lost, stolen, inactivated or damaged. Treat your Hungry Bark e-Gift Cards as cash.

4.5. Pricing and Availability

All prices are shown in U.S. dollars and applicable Taxes and other charges, if any, are additional, unless explicitly stated otherwise. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Subscription, we will provide advance notice of such changes in accordance with Section 3. We will not, however, be able to notify you of changes in any applicable Taxes. The shipment of a Subscription to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your Subscription in accordance with the cancellation policies set forth herein. Note that if you request a product change, or make a product change in your account section, your price could change and you will not receive a notice outside of your account section.

All of our Products are subject to availability, and we reserve the right to impose limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific meal ingredients or entire meals) without prior notice. We strive to provide you with high-quality Products and we may be required to modify or change our product formulations from time to time. If you are not satisfied with a change, please contact us at  WECARE@HUNGRYBARK.COM.

4.6. Deliverables

We send Orders for delivery through third-party carriers. You are responsible for inspecting all Products you receive for any damage or other issues upon delivery, including that the Product is sealed and unopened. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper handling, preparation, storage, use and consumption of the Products following delivery.

If you are not at home when your delivery arrives, the carrier will leave the package wherever is feasible or customary for your location. We encourage you to provide specific delivery instructions in your account section, but we cannot guarantee that the carriers will follow them. Our sealed packaging is designed to weather heat, cold, humidity and light rain for multiple hours after delivery, but you should, nonetheless, plan to bring your package inside as soon as possible.  Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

WE RESERVE THE RIGHT TO CHARGE AN ADDITIONAL FEE IF OUR CARRIER CANNOT DELIVER A PACKAGE BECAUSE YOU PROVIDED IMPROPER INSTRUCTIONS OR THE CARRIER IS UNABLE TO LEAVE THE PACKAGE.

While we strive to provide the best customer experience possible, we are not liable for the actions or inactions of third party carriers. Please contact us as soon as possible if you experience an issue with the carrier.

IT IS YOUR RESPONSIBILITY TO NOTIFY US IMMEDIATELY IF YOU DO NOT RECEIVE YOUR PACKAGE DURING YOUR SCHEDULED DELIVERY WINDOW.

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, our carrier will attempt to deliver your Order as soon as reasonably possible. In the event that timely delivery is not feasible, we may retry, cancel your delivery for the period so affected and issue you a credit, or resend a new Order at a later date.

4.7. No Resale

You are not permitted to resell or otherwise use the Products for commercial purposes.

4.8. Hungry Bark Guarantee

Within 30 days of your purchase, if you or your pet aren’t completely satisfied with any of the products you have purchased from us, we will refund 100% of the purchase price. This applies to first time purchases only and excludes Custom Meal Plan items. To initiate your return, please use our Easy Returns Tool within 30 days of your purchase.

4.9. Returns and Refunds

Refunds can be requested within 30 days of purchase on the first purchase of any product (limited to 1 unique item per product type).
Returns of unopened item can be requested on any items within 30 days of purchase - excluding Custom Meal Plan items. Refunds are limited to the purchase price of the item. Shipping fees are not refundable and return shipping fees must be paid by customer. Customers refusing delivery of a valid order will have the return shipping fees charged to Hungry Bark deducted from the refund. Refunds may be made at our discretion in the event of any problems with the products. To initiate your return, please use our Easy Returns Tool within 30 days of your purchase.

4.10. Food Amounts

Every pet has unique needs. Our feeding suggestions vary based on activity level, age, environment, genetics and breed. Every pet is unique and it is your responsibility to monitor their reaction to the Product and request any necessary adjustments. Our recommended portion sizes are based on you feeding only our Product, and does not take into account any other food intake such as treats or table scraps.

4.11.  Health Conditions & Product Suitability

It is your responsibility to verify whether our Products are suitable for your pets and to inform us if your pet has any health issues, including allergies. We are not veterinarians and DO NOT offer veterinary advice. We make NO REPRESENTATIONS about the suitability of our Product for your specific pet, and disclaim all liability associated with any adverse reactions. If you are concerned about whether our Products are suitable for your pet, please consult with your veterinarian.

5.  License to Access and Use Our Sites and Content

Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the Hungry Bark logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 11), other files and the selection and arrangement thereof (collectively, “Content”) are our proprietary property or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Sites and Content. However, such license is subject to these Terms and you will not (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Hungry Bark or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by us or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

6.  Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Sites by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Sites infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:

Designated Contact: Legal Department
Email:  wecare@hungrybark.com

7.  Trademarks

“Hungry Bark,” the Hungry Bark logo and any other Product or service names, logos or slogans that may appear on the Sites or Products are trademarks of Hungry Pet Nutrition, LLC and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Hungry Bark” or any other name, trademark or Product or service name of Hungry Bark without our prior written permission. In addition, the look and feel of the Sites and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Hungry Bark and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Sites or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

8. Links

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Sites for noncommercial purposes, provided that such link does not portray Hungry Bark or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use our logo or other proprietary graphics to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found on the Sites or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our express written consent.

Hungry Bark makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

9.  Third Party Content

We may display content, advertisements and promotions from third parties through the Sites or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions or Third Party Content.

10.  User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not:

Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Use or attempt to use another user’s account without authorization from such user and Hungry Bark; Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner; Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites; Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access; Develop any third party applications that interact with User Content or the Sites without our prior written consent; Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; Bypass or ignore instructions contained in the robots.txt file that controls all automated access to the Sites; or Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

11.  User Content

The Sites may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). In the event you decide to share your User Content with others through the Sites or third party platforms, you understand that this User Content will be viewable by others. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Sites.

By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following:

User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

User Content that impersonates, or misrepresents your affiliation with, any person or entity;

User Content that references or depicts Hungry Bark or our Products but fails to disclose a material connection to us, if you have one (for example, if you are a Hungry Bark employee or paid blogger);

User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;

User Content that contains any private or personal information of a third party without such third party’s consent;

User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Products, or that may expose us or others to any harm or liability of any type.

We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.

12.  Rights in User Content

We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Sites or to our pages or feeds on third party social media platforms (e.g., Hungry Bark’s Facebook page, Instagram page YouTube channel or Twitter feed), you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.

By uploading, posting or submitting User Content to the Sites or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize us to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.

13.  Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Hungry Bark, the Sites or the Products (collectively, “Feedback”). Feedback is nonconfidential and shall become our sole property. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event all such rights and title do not vest in us immediately, you hereby grant to us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display all such Feedback.

14. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Hungry Bark, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Hungry Bark Parties”), from and against all actual or alleged Hungry Bark Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products including, but not limited to, microbiome Products and data, human consumption of Products designed for pets, misuse of the Product, or feeding in violation of recommendations), (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify us of any third party Claims and cooperate with the Hungry Bark Parties in defending such Claims. You further agree that the Hungry Bark Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between us.

15.  Disclaimers

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ACKNOWLEDGE THAT WE HAVE NO LIABILITY WHATSOEVER FOR HUMAN CONSUMPTION OF PRODUCTS DESIGNED FOR PETS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU OR YOUR PET MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE YOU OR YOUR PET HANDLE, PREPARE, USE OR CONSUME SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE MAY STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.

WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING, EXTRUDING OR OTHER PREPARATION METHODS AND VARIABILITY OF PREPARATION EQUIPMENT AND APPLIANCES. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

ALL PRODUCTS AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HUNGRY BARK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

16. Limitation of Liability; Release

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HUNGRY BARK OR ANY OF THE OTHER HUNGRY BARK PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM US, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF HUNGRY BARK AND THE OTHER HUNGRY BARK PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM US EXCEED THE AMOUNT ACTUALLY PAID FOR SUCH PRODUCTS. THE FOREGOING LIMITATION SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE HUNGRY BARK AND THE OTHER HUNGRY BARK PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE HUNGRY BARK AND THE OTHER HUNGRY BARK PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH HUNGRY BARK PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, 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.”

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

17.  Modification to the Sites and Products

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Products at any time and without liability.

18.  Dispute Resolution; Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

18.1. Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 10 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and we agree (a) to waive your and our respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, Content or Products, resolved in a court, and (b) to waive your and our respective rights to a jury trial. Instead, you and we agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

18.2.  No Class Arbitrations, Class Actions or Representative Actions

You and we agree that any Dispute arising out of or related to these Terms or the Sites, Content or Products is personal to you and us and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and we agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and we agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

18.3.  Federal Arbitration Act

You and we agree that these Terms affect interstate commerce and that the enforceability of this Section 18 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

18.4. Notice; Informal Dispute Resolution

You and we agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to us shall be sent by email to wecare@hungrybark.com. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Hungry Bark account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 3 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and we cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or we may, as appropriate and in accordance with this Section 18, commence an arbitration proceeding or, to the extent specifically provided for in Section 18.1, file a claim in court.

18.5. Process

Except for Disputes arising out of or related to a violation of Section 10 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and we agree that any Dispute must be commenced or filed by you or us within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and we will no longer have the right to assert such claim regarding the Dispute). You and we agree that (a) any arbitration will occur in the State of Florida, County of Miami-Dade, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Florida and the United States, respectively, sitting in the State of Florida, County of Miami-Dade, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

18.6. Authority of Arbitrator

As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

18.7. Rules of JAMS

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

18.8. Severability

If any term, clause or provision of this Section 18 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 18 will remain valid and enforceable. Further, the waivers set forth in Section 18.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

18.9. Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 18 by emailing us at wecare@hungrybark.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.

19.  Governing Law and Venue

These Terms, your access to and use of the Sites and your order, receipt and use of the Products shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to conflict of law rules or principles (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Florida and the United States, respectively, sitting in the State of Florida, County of Miami-Dade.

20. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

21. Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

22. Survival

The following sections will survive the expiration or termination of these Terms and the termination of your account: all defined terms and Sections 1, 3, 4, 5 (first paragraph only), 6, 7, 8 (second paragraph only), 9 through 23.

23. Miscellaneous

These Terms constitute the entire agreement between you and Hungry Bark relating to your access to and use of the Sites and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Hungry Bark (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. 

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED. 

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@hungrybark.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. 

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Miami, Florida before one arbitrator. 

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Hungry Bark’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs. 

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

 

Last Updated 2/2/2021

 

 

 

 

 

This Privacy Policy describes how information about you is collected, used and disclosed by Hungry Pet Nutrition, LLC. doing business as Hungry Bark and our affiliates (collectively, “Hungry Bark,” “we,” “us” or “our”) when you access or use the websites, mobile applications or blogs provided by us (collectively, the “Sites”) or otherwise interact with us.

We reserve the right to change or modify this Privacy Policy at any time and in our sole discretion. If we make changes to this Privacy Policy, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning or end of this Privacy Policy. We encourage you to review this Privacy Policy whenever you use or access the Sites or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.

Collection of Information

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information when you register for a Hungry Bark account, sign up for a subscription, participate in any interactive features of the Sites, subscribe to a newsletter or email list, participate in a survey, contest, promotion or event, order or purchase (either for yourself or for another person) meals, supplements, pet accessories or other products made available through the Sites (collectively, the “Products”), apply for a job, communicate with us via third party social media sites, request customer support or otherwise communicate with us.

The types of information we may collect from you include:

• (a) Account Information, such as your name, email address, password, postal address, phone number, pet information, order preferences, delivery details and any other information you choose to provide;
• (b) Transaction Information, such as information about the Products you purchase, shipping and delivery information and information related to returns, refunds and cancellations. We do not collect or store full payment card numbers and all transactions are processed by our third party payment processor(s).
• (c) Information About Others, such as the names and email addresses of your vet or other service providers or of friends when you invite friends or family to try the Sites or Products.
• (d) Other Information You Choose to Provide, such as when you participate in a survey, contest, promotion or interactive area of the Sites or when you request technical or customer support.
• (e) Pet information, including medical and other information, when provided to us.

 Information We Collect Automatically

When you access or use the Sites, the types of information we may automatically collect about you include:

• (a) Log Information: When you visit the Sites, our servers automatically record certain log file information, such as your Internet Protocol (“IP”) address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the Sites.
• (b) Device Information: We collect information about the device you use to access or use the Sites, including the hardware model, operating system and version, unique device identifiers, network information and information about your use of our applications. With your consent, we may also collect information about the location of your device and access and collect information from certain native applications on your device (such as your device’s camera, photo album and phonebook applications) to facilitate your use of certain features of the Sites. For more information about how you can control the collection of location information and/or our access to other applications on your device, please see “Your Choices” below.
• (c) Information Collected by Cookies and Other Tracking Technologies: We and our service providers use various tracking technologies, including cookies and web beacons, to collect information about you when you interact with our Sites, including information about your browsing and purchasing behavior. Cookies are small data files stored on your hard drive or in device memory that help us improve the Sites and your experience, see which areas and features of the Sites are popular, and count visits. Web beacons are electronic images that may be used in the Sites or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.

 Information We Collect From Other Sources

We may also obtain information about you from other sources and combine that with information we collect directly. For example, we may collect information about you when you post content to our pages or feeds on third party social media sites, if you use credentials (e.g., username and password) from a third party site to create or log into your Hungry Bark account, or if you purchase from, or engage with, us through one of our partners.

Use of Information

We may use information about you for various purposes, including to:

• (a) Provide, maintain and improve the Sites and Products, including aggregating information to perform and publish analyses.
• (b) Manage your account and send you related information, including confirmations, updates, technical notices, security alerts and support and administrative messages;
• (c) Respond to your comments, questions and requests and provide customer service;
• (d) Communicate with you about the Sites, Products, recipes, services, offers, surveys, events and other news and information we think may be of interest to you;
• (e) Monitor and analyze trends, usage and activities in connection with the Sites;
• (f) Detect, investigate and prevent fraudulent transactions and other illegal activities and protect our and others’ rights and property;
• (g) Personalize and improve the Sites and provide advertisements, content and features that match your profile or interests;
• (h) Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
• (i) Link or combine with information we get from others to help understand your needs and provide you with a better experience; and
• (j) Carry out any other purpose for which the information was collected.

We are based in the United States, and the information we collect is governed by U.S. law. By accessing or using the Sites or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.

Sharing of Information

We may share information about you as follows or as otherwise described in this Privacy Policy:

• (a) With vendors, consultants and other service providers who need access to such information to carry out work or perform services on our behalf, or in partnership with us;
• (b) When you participate in the interactive areas of the Sites or interact with us on third party social media sites, certain information that you provide may be displayed publicly, such as your name, photos and other information you choose to provide;
• (c) In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, rule, regulation or legal process;
• (d) If we believe your actions are inconsistent with our Terms of Use or other policies, or to protect the rights, property or safety of us or others;
• (e) In connection with, or during negotiations of, any merger, acquisition, sale of assets or any business, other change of control transaction or financing;
• (f) Between and among Hungry Bark and any current or future parent, subsidiary and/or affiliated company;
• (g) With certain partners in the course of joint promotions or other co-marketing efforts; and
• (h) With your consent or at your direction.

We also may share aggregated or de-identified information, which cannot reasonably be used to identify you.

Social Sharing Features

The Sites may offer social sharing features and other integrated tools, such as the Facebook, Twitter and Pinterest buttons (e.g., “Like,” “Tweet” and “Pin It”), which let you share actions you take on the Sites with other media. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

Advertising and Analytics Services Provided by Others

Interest-Based Ads

We may allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of the Sites and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on the Sites and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

Customized Ad Campaigns

We may also work with third party social media sites, such as Facebook, to serve ads to you as part of a customized campaign, unless you notify us that you prefer not to have information about you used in this way. For more information about how you can opt out of customized campaigns, please see “Your Choices” below.

Security

We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to or from us over the Internet. In particular, email sent to or from the Sites may not be secure, and you should therefore take special care in deciding what information you send to us via email.

Your Choices

Account Information

You may update, correct or modify information about you at any time by logging into your online account or by emailing us at wecare@hungrybark.com. If you wish to deactivate your account, please email us at wecare@hungrybark.com, but note we may continue to store information about you as required by law or for legitimate business purposes. We also will continue to use aggregated information as part of any studies or analyses.

Deletion of Information

If you would like us to delete any or all information, please email us at wecare@hungrybark.com. To the extent compatible with our legal or regulatory record keeping requirements we will promptly comply.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Sites.

Promotional Communications

You may opt out of receiving promotional communications from us by following the instructions in those communications or by emailing us at wecare@hungrybark.com. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

Your California Privacy Rights

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident, you may request this information once per calendar year by writing to us at wecare@hungrybark.com.

Contact Us

If you have any questions about this Privacy Policy, please contact us at wecare@hungrybark.com.