Terms of service

TERMS OF SERVICE

OVERVIEW

This website (“Site”) is operated by Material Comforts Inc DBA POLY AND BARK and its affiliates and related entities (“Poly & Bark”, “Company”, “we”, “us” and “our”). Poly & Bark offers this Site, including all products, information, tools, web pages, and services available from this Site (collectively, the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.  

By accessing, browsing, or otherwise using the Services, you agree to be bound by these terms and conditions (“Terms of Service”, or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Services. If you do not agree to these Terms of Service, then you may not access or use any Services. 

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

THESE TERMS OF SERVICE, THE PRIVACY STATEMENT, AND ALL OTHER DOCUMENTS REFERENCED HEREIN GOVERN THE RELATIONSHIP BETWEEN YOU AND COMPANY WITH RESPECT TO YOUR USE OF THE SERVICES.  YOU AGREE THAT THE AGREEMENT FORMED BY THESE TERMS OF SERVICE IS LIKE ANY WRITTEN, NEGOTIATED AGREEMENT SIGNED BY YOU, AND YOU AGREE TO BE BOUND BY, AND FULLY COMPLY WITH, ITS TERMS.  YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO PERFORM AND OTHERWISE DISCHARGE ALL OF YOUR OBLIGATIONS HEREUNDER, WHETHER ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT.  

NOTICE OF ARBITRATION: Please read the following Terms of Service carefully as they affect your legal rights.  These Terms of Service contain a binding arbitration provision set forth below in Section 19.  Except where prohibited by applicable law, these Terms of Service require you to arbitrate disputes with us rather than resolve disputes through a judge or jury trial, or any court proceedings, or class actions of any kind.  By accessing, or using the Services, you hereby waive any and all rights to initiate or participate in any class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Terms of Service or the Services.

SECTION 1 – JURISDICTION; ONLINE STORE TERMS

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as those set out in these Terms of Service, then you may not enter into this agreement, and shall not access or use the Services.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by the Services, you may not enter this agreement and shall not access or use the Services.  By using the Services, you represent and warrant that you have verified in your own jurisdiction if your use of the Services is allowed.

We make no—and you acknowledge that we make no—representation that the Services or the materials on the Services are appropriate or available for use in all locations.  Those who choose to access the Services do so on their own initiative and at their own risk and are responsible for compliance with state and local laws, if and to the extent state and local laws are applicable.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

SECTION 2 - GENERAL CONDITIONS; INTERNET SOFTWARE OR COMPUTER VIRUSES; COPYRIGHT INFRINGEMENT

We reserve the right to refuse Services to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained in the Services.  Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Services. Company shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Services, or your downloading of any user materials or other content from the Services.  We recommend that you install appropriate anti-virus or other protective software. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use the Services, or access the Services or any contact on the website through which the Services are provided, without express written permission by us.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

If you know or suspect that any of the materials on the Services have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below.  According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

• A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

• Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;

• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent, or the law; and

• A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows: legal@polyandbark.com. 

The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed.  All other inquiries, such as questions related to items available for purchase on the Services and requests or concerns regarding improper content, will not receive a response through this process.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We use commercially reasonable efforts to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

Any material downloaded or otherwise obtained through the Services is done at your own discretion and risk.  You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law.  No specified update or refresh date applied on the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICE

We reserve the right at any time to modify or discontinue: (i) these Terms of Service; (ii) the Services (including terminating, eliminating, supplementing, modifying, adding, or discontinuing any part or content thereof); (iii) the equipment, hardware, software required to use and access the Services; and (iv) prices for the Services or products made available therein.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services, or any items made available on the Services.

Any changes we make to these Terms of Service will be effective immediately upon notice, which we may provide by any means, including, without limitation, posting on the Services.  Your continued use of the Services after such notice will be deemed acceptance of such changes.  Be sure to return to the Services periodically to ensure you are familiar with the most current version of these Terms of Service.

You may not interfere with the security of, or otherwise abuse the Services or any system resources, services, or networks connected to or accessible through the Services.  You may only use the Services for lawful purposes and are prohibited from using the Services in a manner that is contrary to or in violation of these Terms of Services.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: Refund Policy

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

SECTION 6 - ACCURACY OF PRICING, BILLING AND ACCOUNT INFORMATION; ACCOUNT SUSPENSION, DEACTIVATION, AND TERMINATION

The Services are only for personal or internal business use.  You may not use the Services in any way that is unlawful, that violates these Terms of Service, or that harms us or any other person or entity, as determined in our sole discretion.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

All prices and estimates for the Services and fees or offers through the Services are quoted and shall be processed in U.S. Dollars. While we try to ensure pricing and shipping cost accuracy, errors may occur and we reserve the right, but are not obligated, to correct any errors in pricing, free shipping, or descriptions and to cancel any order based on an incorrect price, description, or shipping price. Such corrections may be made even after an order is accepted. If the price or related information for the Services (whether in an estimate or otherwise) is incorrect due to an error in pricing or other information, we may, at our sole discretion, refuse or cancel the Service provided to you, whether before or after the acceptance thereof.  If there is such an error in pricing or other information, we will cancel the Services and reverse any charges that have been applied, then contact you to ask you to place a new order for Services at the correct price.

To create or activate an account (or to request to create an account) where such an option is made available to you, you will be required to submit certain information and to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Services, including your username and password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately using the contact information below under “Contact Information.” You must also notify us immediately if you are contacted by anyone requesting your username or password. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: Refund Policy

Company may, at any time and for any reason, in its sole discretion, suspend, deactivate, or terminate your account or your access to or use of the Services, and may terminate these Terms of Service, without notice or liability, including if you breach these Terms of Service, upon any unauthorized use of your account, username, or password, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the Services to you. If we suspend, deactivate, or terminate your account, you will not create another account without our prior written permission.  You may terminate your account at any time by selecting that option on the Services or contacting us using the contact information below under “Contact Information.” You understand that, after termination of your account, your use of the Services, or these Terms, any User-Generated Content you have provided may remain in our systems and may continue to be used by other Services users, as applicable.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS; USER-GENERATED CONTENT

The Services may allow you to provide User-Generated Content, including without limitation by posting reviews, providing feedback, creative ideas, suggestions, proposals, plans, or other materials, or participating in forums by uploading or providing photographs or other media, whether online, by email, by postal mail, or otherwise (collectively, 'User-Generated Content'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User-Generated Content that you provide to us or through the Services. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove User-Generated Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. The Company reserves the right to impose limits on Services features (e.g., the ability to provide User-Generated Content) and to restrict your access to all or parts of the Services at any time for any reason, including any breach of these Terms. You understand that, even after removal or deletion, User-Generated Content you have provided may remain viewable to and may have been copied or stored by other Services users and members of the public.

You, alone, are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof. User-Generated Content is not generated by the Company. By providing User-Generated Content you represent and warrant that you are the creator and owner of that User-Generated Content or that you otherwise have the full ability and all legal rights, permissions, and consents necessary to provide that User-Generated Content as contemplated by these Terms. You agree that your User-Generated Content will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User-Generated Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. We take no responsibility and assume no liability for any comments posted by you or any third-party. By providing User-Generated Content, you hereby waive, and agree not to, claim that any use of that User-Generated Content by us, any Services user, or any third party infringes or violates your or any person’s intellectual property rights (including copyright), rights of privacy, rights of publicity, or other rights. Subject to the right and license granted to Company below, you retain any copyright or other intellectual property rights you may have in User-Generated Content that you provide.

If you provide User-Generated Content, you agree to grant and you hereby grant Company a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide right and license to copy, modify, adapt, reformat, reorganize, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, exploit (commercially or otherwise), and otherwise use and distribute, in all media and distribution methods now known or later developed, that User-Generated Content for purposes of making it available to other Services users and the public and for Company’s own business purposes (including, without limitation, aggregation, analytics, marketing, development of products and services, and for commercial purposes). Notwithstanding the foregoing and for the avoidance of doubt, we will use and disclose information that reasonably identifies a natural person only to the extent permitted by applicable law.

SECTION 10 - PRIVACY

The Company is committed to respecting the privacy of the personal information of the individuals with whom we interact. Your submission of personal information through the store is governed by our Privacy Statement, which can be viewed here: Privacy Statement

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right, but have no obligation, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using or accessing the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of or access to the Services or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE SERVICES, INCLUDING, WITHOUT LIMITATION, THIS WEBSITE AND PLATFORM THAT COMPANY PROVIDES, USER-GENERATED CONTENT, AND THE COMPANY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, ACCURACY, QUALITY, TITLE, VALIDITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.  THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THIS WEBSITE OR PLATFORM, THE PRODUCTS, OR THE COMPANY MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE.  SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL POLY & BARK, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR MAXIMUM, AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION WILL MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Poly & Bark and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (i) your breach of these Terms of Service or the documents they incorporate by reference; (ii) your violation of any law or the rights of a third-party, including without limitation any intellectual property, proprietary, privacy or other rights of any party; (iii) your use of the Services; (iv) your User-Generated Content. Company reserves, and you grant to us, the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Company. This indemnification section will survive any termination or expiration of these Terms of Service.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. If the Class Action Waiver in Section 19 (LEGAL DISPUTES; AGREEMENT TO ARBITRATE) is found to be void or unenforceable as to an arbitration, then the terms of the Arbitration Clause subsection shall not apply and the Covered Dispute shall proceed and be resolved in state or federal court in either Miami-Dade or Broward County in the State of Florida, NOT by binding arbitration.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on the Site.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 - LEGAL DISPUTES; AGREEMENT TO ARBITRATE

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND CONTRACTUAL LIMITATIONS PERIOD. 

YOU AND POLY & BARK EACH ACKNOWLEDGE THAT THE TERMS IN THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

ANY DISPUTE, CLAIM OR CONTROVERSY (THAT IS NOT RESOLVED INFORMALLY AS SET FORTH BELOW) BETWEEN YOU AND POLY & BARK, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, PRINCIPALS, SUCCESSORS, ASSIGNS, SUBSIDIARIES OR AFFILIATES (COLLECTIVELY FOR PURPOSES OF THIS SECTION, 'POLY & BARK') (EACH, A “PARTY” AND TOGETHER THE “PARTIES”) ARISING FROM OR RELATING IN ANY WAY TO: (1) THESE TERMS OF SERVICE; (2) YOUR VISIT TO OR USE OF THE SITE; (3) ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH POLY & BARK; (4) OUR ADVERTISING OR MARKETING; OR (5) OUR PRIVACY AND DATA SECURITY PRACTICES, WHETHER IN CONTRACT, TORT, WARRANTY, STATUTE, REGULATION, OR OTHER LEGAL OR EQUITABLE BASIS (COLLECTIVELY, “COVERED DISPUTES”) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. COVERED DISPUTES SHALL BE INTERPRETED BROADLY, AND SHALL INCLUDE WITHOUT LIMITATION:

• CLAIMS THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT; AND

• CLAIMS THAT WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER.

Notwithstanding the provisions herein, if you in any manner violate Poly & Bark’s intellectual property rights, we may bring a suit in any state or federal court in the State of Florida. Additionally, notwithstanding the provisions herein, either you or Poly & Bark may bring a Covered Dispute in small claims court consistent with the jurisdictional and dollar limits that may apply. The route to small claims court shall only be the result of a direct filing by you or Poly & Bark. As set forth below, a Covered Dispute commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules.

THIS ENTIRE SECTION 19 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, THESE TERMS, THE PARTIES’ RELATIONSHIP, OR THE END OF YOUR USE OF ANY SERVICES.

Mandatory Informal Dispute Resolution for all Covered Disputes

If you have a Covered Dispute against Poly & Bark or if Poly & Bark has a Covered Dispute against you, before formally pursuing a Covered Dispute in arbitration, you and Poly & Bark agree to first attempt to resolve the Covered Dispute informally to try to resolve the Covered Dispute faster and reduce costs for both Parties. You and Poly & Bark agree to engage in good faith pre-suit/pre-arbitration discussions for a period of no less than sixty (60) days (“Informal Dispute Resolution”). During that time, the Parties will communicate directly with each other about any Covered Dispute and attempt to resolve it without initiating an arbitration. The foregoing process shall be referred to herein as the “Informal Resolution Process.” 

To commence the Informal Resolution Process, You or Poly & Bark agree to first send a detailed notice (“Notice”) to the other describing the facts and circumstances of the Covered Dispute and the specific relief sought and including any supporting documentation. Your Notice must be sent to Poly & Bark by email at legal@polyandbark.com. If Poly & Bark has a dispute with you, Poly & Bark agrees to first send a detailed Notice to your e-mail address on file with us. 

The Informal Resolution Process is intended to allow the party who has received a Notice to make a fair, fact-based offer of settlement if it chooses to do so. The statute of limitations and any filing-fee deadlines for a Covered Dispute shall be tolled for the duration of the Informal Resolution Process. Should Poly & Bark request a telephone conference with you to resolve your Covered Dispute as part of this Informal Resolution Process, you agree to personally participate (with your counsel if you are represented). 

Compliance with and completion of this Informal Resolution Process and expiration of the sixty (60) day period is a condition precedent to filing any demand for arbitration or otherwise initiating a lawsuit. You and Poly & Bark agree that any action commenced in arbitration or court without first exhausting the Informal Resolution Process shall be defective and subject to dismissal at the cost of the Party found to have prematurely commenced the action. 

Class Action Waiver; Jury Trial Waiver

YOU AND POLY & BARK AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION, INCLUDING ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. Additionally, you agree that you will not be a member of any putative or actual class in a class action brought by anyone else against Poly & Bark, nor will you seek to become a class representative. You further agree that in any action you initiate against Poly & Bark, any relief you seek will be confined to relief on your own behalf. Except as the Terms of Service otherwise provide and to the fullest extent permitted by law, you and Poly & Bark acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction.

Together, the terms in the preceding paragraph shall be called and operate as the “Class Action Waiver.”

Initiating Arbitration and Arbitration Rules

You and Poly & Bark agree that CLAIMS SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. This requirement, and the related terms that follow, shall be referred to as the “Arbitration Clause.”  

The Federal Arbitration Act and federal arbitration law shall apply to this agreement. By consenting to arbitration, you and Poly & Bark do not limit in any way either Party’s statutory or common law rights or potential remedies to which either Party would be entitled were the claim being heard in a court. 

Any arbitration between you and Poly & Bark shall be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Legal Disputes Section. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address commercial@namadr.com. You and Poly & Bark empower the arbitrator(s) with the exclusive authority to resolve any Covered Dispute relating to the interpretation, applicability or enforceability of these Terms or the formation of this contract, including the arbitrability of any Claim that all or any part of these Terms are void or voidable. The arbitrator shall determine in accordance with the applicable rules, without limitation, all issues regarding filing fees, form of pleadings, procedures for payment, locale, seat, arbitrator selection and disclosures, exchange of information, presentation of evidence, and criteria for any Arbitration Demand, Answer, and other claims. The arbitrator shall issue a reasoned award.

Special Additional Procedures for Mass Arbitration

To the extent an arbitration falls within the NAM’s definition of a Mass Arbitration, you and Poly & Bark agree that these additional procedures shall apply, along with the applicable NAM Rules. Counsel for the individuals and counsel for Poly & Bark shall each select 10 cases per side (20 cases total) to be filed in and proceed in arbitration as part of the first stage in a staged process. Each case shall be assigned to a separate and different arbitrator, unless the Parties agree otherwise. Any remaining Covered Disputes shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Covered Disputes unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled from when the Informal Resolution Process is initiated (so long as the pre-arbitration Notice complies with the requirements herein), until a given Covered Dispute is selected to proceed as part of the staged process herein, or is settled, withdrawn, or otherwise resolved. 

After this initial set of staged proceedings is completed, the Parties shall promptly engage in a global mediation session of all remaining Covered Disputes with a retired federal or state court judge and Poly & Bark shall pay the mediator’s fee. If the remaining Covered Disputes are not resolved at this time, the Parties will continue the same staged process, as set forth in this Special Additional Procedures for Mass Arbitration section, by arbitrating a maximum of 30 individual Covered Disputes at a time (15 Covered Disputes selected by each Party), until the Parties are able to resolve all of the Covered Disputes, either through settlement or arbitration.

A court of competent jurisdiction shall have the authority to enforce this entire Dispute Resolution section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Covered Dispute, and a court of competent jurisdiction determines that they are not enforceable as to your Covered Dispute, then your Covered Dispute shall proceed in a court of competent jurisdiction sitting in either Miami-Dade County or Broward County in the State of Florida, consistent with the remainder of these Terms of Service.

Time Limits

To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY CLAIM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of this provision, a Covered Dispute is considered commenced at the time the Notice in the Informal Dispute Resolution section is sent, as defined below. To the extent a Covered Dispute is filed arbitration or court without first providing such notice (which would be contrary to these Terms of Service, as set forth herein), the Covered Dispute is deemed commenced at the time of such filing.

Governing Law

In any arbitration, the Terms of Service shall be governed by, construed and enforced in accordance with the laws of the state of Florida, without giving effect to any conflict of law provisions. 

To the extent this Section 19 does not apply, normal conflict of law procedures shall apply, and any Covered Dispute shall be resolved exclusively by an appropriate federal or state court sitting in either Miami-Dade County or Broward County in the State of Florida. 

SECTION 20 - Text Marketing & Notifications

By consenting to Poly & Bark’s email and SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring email and text notifications (for your order, including abandoned checkout reminders), email and text marketing offers, and transactional emails and texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving email or text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the “unsubscribe” link we provided to you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at info@polyandbark.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Statement at https://www.polyandbark.com/pages/privacy-policy for information regarding how we collect and use your information.

 SECTION 21 – JOB APPLICANTS

If you submit a resume, job application, or related materials or other information to us, we may use that information to evaluate your qualifications and consider or respond to your inquiry or application.  Your submission of a resume, job application, or related information does not in any way require the Company to review that information or consider you for employment.  To view career opportunities at Company or to submit a job application, you may be redirected to an online career portal operated by a third party.  We encourage you to review any terms and privacy policies posted on that portal (if applicable).

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@polyandbark.com. Our contact information is posted below:

Poly & Bark

Email: info@polyandbark.com

Address: 975 N. Miami Beach Blvd,

North Miami Beach, FL 33162

Phone: 1855-310-1450