Effective as of August 1, 2024

 

Welcome to Bark to Roots
By accessing or using our website and services, you agree to be bound by the following terms and conditions ("Terms"). Please read these Terms carefully before using our site.

If you do not agree with any part of these Terms, you must not use our website.

 

Use of Website
Eligibility, Membership, and Account Registration
This Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. Users between 13 and 18 require guardian supervision. An individual or household may create one customer account on the Site. Account registration is not required to make a one-time purchase. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Legal Capacity
By using this Website and engaging in transactions, you affirm that you are at least 18 years old or, if you are between 13 and 18 years old, that you are using the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Any legal action or claim arising out of or related to these Terms or your use of the Website
must be brought by an adult or, if filed by a minor, must be accompanied by the consent and participation of a parent or legal guardian. The company reserves the right to require proof of age or legal capacity before processing any transactions or responding to any legal claims.

Proper Use of the Website
All users of this website must comply with all applicable local, state, federal, and international laws and regulations regarding your use of our website and your purchase of products or services through our website. This includes laws regulating the export of data to and from your country or residence.

 

Pricing, Payments, and Subscriptions

Pricing Changes
Product pricing and delivery charges, if any, are as quoted through the Services from time to time and may not include applicable taxes. We reserve the right to change our subscription plans or adjust pricing for our Products in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these
Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you. If you have not cancelled your subscription within the specified time after receiving notice of a price change, your subscription will auto-renew at the price indicated in your notice.

Payments
If you purchase a subscription to our Products, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your subscription. Payment for all Products must be by credit or debit card. We accept payment with American Express, Visa, and Mastercard. We reserve the right to change the payment methods we accept at any time. You acknowledge and agree that all information you provide with regards to a purchase of our Products, including, without limitation, credit card or other payment information, is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction.

Credit Card Authorization
You may see credit card authorization holds when you add or update your payment method, purchase a paid, recurring subscription, or sign up for a free trial subscription.
Authorization holds, pre-authorization holds, and pending charges are common anti-fraud practices that do not represent actual charges. The amount and duration of the hold vary depending on your credit card company's policies. Feel free to contact your credit card company with any questions.

Order Acceptance and Shipment
Once we receive your order for products, we will provide you with an order confirmation.
Receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; it merely confirms that we received your order. Bark to Roots reserves the right, at its sole discretion, to accept or decline your order, cancel your subscription or order, or limit product quantities for any or no reason.
If we cancel an order after you have already been billed, we will refund the billed amount. Title and risk of loss for any purchases of products pass to you upon our delivery to our carrier.

Promotions

Use of Promotions
Promotional offers provided by Bark to Roots are intended for single-use and must be used as directed. These promotions are subject to expiration dates and must be used within the specified timeframe.

• Single Account Per Household: To ensure fair access to promotions, we allow only one account per household. This policy is in place to prevent the duplication of benefits through multiple account registrations from the same address.

• Restrictions on Use: Promotions cannot be combined with other offers or promotions unless explicitly stated. Each promotion can be used only once and cannot be applied retroactively to any previous orders.

• Expiration: All promotions have a defined expiration date. Once this date has passed, the promotion can no longer be used and will not be honored.

• Taxes and Fees: Taxes and any applicable fees will be charged based on the product pricing before the application of any promotions. Promotional discounts apply only to the cost of the product and do not affect the applicable taxes and fees.

Product Availability and Modifications
All products available through our services are intended for personal use and may not be resold. If a product is not available for shipping promptly after you place your order, or upon the next delivery date under your subscription, you will be notified, and you may choose to order a different item that is currently available, wait until the product is available again, or cancel your order. We shall not be liable if products are not in stock or otherwise not available. We may change our products, in our sole discretion, to reflect changes in relevant laws and regulatory requirements which impact either the pet food market or the natural products markets in the US or other relevant countries, or to implement minor technical adjustments and improvements. Pursuant to applicable law and regulatory requirements, we will advise you if there is likely to be any significant difference in the products.

Intellectual Property and Content Use

Proprietary Content
All materials provided on our website, including but not limited to text, images, photographs, graphics, logos, video clips, and illustrations, are the exclusive property of Bark to Roots or its content suppliers. This collective material, referred to as "Content," also includes product descriptions and recipes associated with our offerings. The Content
is protected under both copyright and intellectual property laws.

Accuracy and Updates
While we strive to provide accurate and up-to-date Content, it may occasionally contain typographical errors, inaccuracies, or become outdated. Bark to Roots reserves the right to amend, update, or delete any Content at any time without prior notice. The Content is provided for informational purposes only and should not be considered binding on Bark to Roots except as specifically stated otherwise.

Use Restrictions
The Content is made available for personal, non-commercial use only. You are not permitted to copy, reproduce, modify, distribute, display, perform, or use any Content for any public or commercial purposes without express written consent from Bark to Roots. This includes any use of our logos, company designs, product layouts, or marketing materials. The recipes provided as part of our product offerings are proprietary and should not be replicated or distributed in any form.

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Notifications
We endeavor to keep our customers informed of any significant changes to the Content, especially those affecting our product recipes or descriptions. We commit to providing timely notifications to ensure you are always aware of the most current information.

Arbitration
Disputes arising under these Terms will be resolved through binding arbitration in California, according to the rules of the American Arbitration Association. This excludes disputes eligible for small claims court.

 

Disclaimer and Limitation of Liability
We provide our services "as is" without warranty. We are not liable for inaccuracies or failures in the services. Under no circumstances will we be liable for indirect, punitive, or consequential damages.

Indemnification
You agree to indemnify and hold harmless Bark to Roots from claims arising from your use of the services or your breach of these Terms.

General Provisions

Jurisdiction

Governing Law and Venue
These Terms and your use of the website are governed by and construed in accordance with the laws of the State of California and applicable United States federal law, without regard to conflicts of law principles. Any legal action or proceeding related to this website (including, but not limited to, those arising from dealings or purchases made on
the website) shall be brought exclusively in a federal or state court of competent jurisdiction situated in California.

 

Compliance with Local Laws
User access to the website is governed by all applicable federal, state, and local laws. All information available on the website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Despite any statutory provision to the contrary, any claim or cause of action arising out of or related to use of the website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

California Residents
California users are entitled to the following specific consumer rights notice: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Miscellaneous
If any part of these Terms is deemed invalid or unenforceable, the remainder will continue in effect. These Terms constitute the entire agreement between you and Bark to Roots regarding the use of the services.