Terms of Service

Welcome to Precious Tails!

These terms and conditions (the “Terms of Service”) govern your (“you” or “your”) access to and use of the Precious Tails family of websites - Barkbox, Inc. and its affiliates and subsidiaries (collectively, “Precious Tails”, “we”, “our” or “us”). These Terms of Service apply to all Precious Tails websites that link to this Policy, including www.Precious Tailsbox.com, www.Precious Tailspost.com, www.Precious Tailseats.com, www.Precious Tailsbright.com, www.Precious Tailsessentials.com, www.superchewer.com, www.Precious Tailsshop.com and www.Precious Tails.co (together with any other Precious Tails websites, the “Sites”) as well as to any downloadable applications that Precious Tails makes available (the "Apps" and, together with the Sites, the "Platforms"), and all services provided by Precious Tails via the Sites, including without limitation, our monthly subscription, product and gift services (collectively, the “Services”).

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY ACCESSING OR USING THE PLATFORMS (AS DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE (INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH HEREIN, PURSUANT TO WHICH YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (EXCEPT AS OTHERWISE PROVIDED HEREIN) AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION) AND OUR PRIVACY POLICY, AND YOU REPRESENT THAT (A) YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS WILL BE IN ACCORDANCE WITH THESE TERMS OF SERVICE AND ALL APPLICABLE LAWS, RULES AND REGULATIONS AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT.

If you do not agree to these Terms of Service and the Privacy Policy, you may not access or otherwise use the Platforms.

We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to our Platforms; provided that such changes shall not apply to any fee-bearing subscriptions to the Services which are then in effect until the expiration or termination of such subscription. These Terms of Service apply to all Precious Tails’s services and features unless otherwise indicated. PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND Precious Tails. FURTHER, THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND Precious Tails ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 24 “ENFORCEMENT - AGREEMENT TO ARBITRATE”).

Precious Tails provides a subscription service for monthly delivery of canine-related products for your dog or as a gift to other dog owners. Access to the Platforms, use of the Services, and purchase of the Products is subject to these Terms of Service and the Precious Tails Privacy Policy available on the Website.

1. Acceptance of Terms

By using the Platforms or subscribing to our Services, you indicate your unconditional acceptance of the following Terms of Service. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms of Service may be viewed at Precious Tailsbox.com/terms-of-service.

2. Scope of Service

Precious Tails maintains the Platforms as a service to the users who visit the Platforms subject to these Terms of Service. You are responsible for obtaining any equipment and Internet service necessary to access the Platforms and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue the Platforms, or the Services in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Platforms and/or Services, for some or all users, from time to time. The Platforms may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

3. Website Content

Users have a personal, non-transferable, non-exclusive right to access and use the Content of these Platforms subject to these Terms of Service. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Platforms, or Services, whether created by us or provided by another person for display on the Platforms, or through the Services.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:

The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

The Content may not be modified.

Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on the Platforms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Platforms or any Content displayed on the Platforms, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on the Platforms.

4. Registration and Subscriptions; Product Sales

a. Registration. Certain of our Services are reserved for registered users. In order to become a registered user (each, a “Client”), we will ask you to complete a registration form and provide a user name or email and create a password (“Login Credentials”). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms of Service. Certain Services may also require additional information, such as credit card information and information about your dog. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. For your convenience as a Precious Tails user or subscriber, all information that you provide to Precious Tails is subject to Precious Tails’S Privacy Policy. You are responsible for keeping your registration information up to date through your account page, to the extent such feature is made available on the Platforms for the applicable Service.

b. Acknowledgement to Receive Email or Push Notifications. In order to start your ongoing monthly subscription, you must register as a member on the applicable Platform. To register, you can simply provide information about your dog including its size (for optimal gift selection), your shipping information including your address and billing information, and your valid email address and password to create your login profile. All information that you provide to Precious Tails, including your credit card information, is subject to Precious Tails’s Privacy Policy. You are responsible for keeping your registration information up to date through the account page on the Platforms.

As a registered user of Precious Tails, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you push notifications or email messages with information about upcoming events, or information about our service offerings from us and our partners monthly newsletter. You may opt-out from receiving correspondence from us special promotions or our newsletter by you may opt out of receiving them by clicking on the "unsubscribe" link in any promotional email.

5. Monthly Delivery

a. Ordering. Clients may from time to time order products through certain of the Platforms, including through one-time purchases (in the case of BarkShop) or through monthly subscriptions. We or a third-party shipping company will ship such products to the address you provide in the course of ordering such products. You shall be responsible for shipping costs unless otherwise provided on the Platform with respect to your order.

b. Subscription Product Selection. If you choose to register with Precious Tails, the selection of items that may be included in your dog’s monthly delivery is subject to change. Accordingly, Precious Tails cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.

As a subscribed Precious Tails member, each month we will ship you a package with a different selection of items for your dog that may consist of a selection from toys, treats, shampoos, bones, bully sticks, hygiene products, food samples, or other canine-related items (“Products”). Each month of your subscription, the selection of Products may change. Accordingly, Precious Tails cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.

BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH.

6. Billing and Payments

We may make the Services available, including monthly Precious Tails subscriptions, for free or for a fee from time to time. We reserve the right to change our fee structure at any time, except for the subscription fees applicable to any then-current fee-bearing subscription period. We also reserve the right to initiate special incentive pricing, membership and other programs, which may be limited, at our sole discretion, to defined and limited existing users or new users. If you purchase any Services that we offer for a fee, either on a one-time or subscription basis, you agree to pay Precious Tails directly or via its third party payment processing service provider. You also agree to pay the applicable fees for such Services (including, without limitation, periodic fees for subscriptions) as they become due plus all related taxes.

The price of the Services and/or goods is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard, American Express, Discover, and PayPal.

7. Subscription Renewals

You will automatically be charged each month for your ongoing subscription. IF YOU HAVE COMMITTED TO A SUBSCRIPTION PLAN LASTING LONGER THAN ONE MONTH (I.E., 6 OR 12 MONTH PLANS), YOU WILL AUTOMATICALLY BE CHARGED EACH MONTH DURING THAT SUBSCRIPTION PERIOD, EVEN IF YOU HAVE CANCELLED YOUR SUBSCRIPTION PRIOR TO THE END OF THAT SUBSCRIPTION PERIOD. FURTHER, YOUR SUBSCRIPTION TO SUCH SERVICE WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD. To cancel, you must login and cancel the subscription on the Platform applicable to such Service by the first day of the month following the end of your then-current subscription period, or contact our Happy team through the contact information on our website. YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO THE FIRST DAY OF THE MONTH FOLLOWING THE END OF A SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME. All cancellation requests received after the first day of the calendar month following a subscription period will apply to the following subscription period. We may refuse to renew any subscription in our sole discretion.

8. Payment

You agree that Precious Tails may charge your payment method for any services, subscriptions or products you purchase and for any additional amounts (including any taxes, including local sales tax or VAT, and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING Precious Tails WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON THE SHIPPING, RETURN AND EXCHANGE POLICY FOR THE PLATFORM APPLICABLE TO SUCH SERVICE, SUBSCRIPTION OR PRODUCT FROM TIME TO TIME. You may be charged, and you agree to pay, local sales tax or VAT, if applicable.

Prices for the products and services offered via the Platforms may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your monthly purchase of products.

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Precious Tails the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Precious Tails will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service and privacy policies; the current version of which is attached as a link at http://recurly.com/legal/terms. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.