BAREL™ Terms and Conditions of Use

Thank you for downloading BAREL™ mobile software application (“Mobile Application”), using the BAREL™ software platform, or visiting the BAREL™ website (collectively the “Platform”). This screen contains terms and conditions that apply to your activities in using or accessing the Platform, including your use of the Mobile Application. These terms and conditions together with the BAREL™ Privacy Policy and Cookie Policy constitute a valid and binding legal agreement (“Terms”) between you as a customer, viewer, or user of the Platform (“you,” “your,” or “user”) and BAREL™ (“we,” “our,” “us,” or “BAREL™”). Both you and BAREL™ are referenced herein individually, as a “party” and collectively, as the “parties.”

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING, ENGAGING WITH, OR OTHERWISE USING THE PLATFORM. THESE TERMS INCLUDE: (A) LIABILITY DISCLAIMERS; (B) LIMITATIONS OF LIABILITY; (C) AN INDEMNIFICATION PROVISION; (D) AN ARBITRATION PROVISION; (E) A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE FOR ANY DISPUTES; (F) A JURY TRIAL WAIVER; AND (G) A CLASS ACTION WAIVER.

By accessing or using the Platform, you acknowledge, accept, and agree to be bound by these Terms. If you do not agree, please stop viewing or using the Platform. Your remedy for dissatisfaction with the Platform, or any products, services, content, or other information available on or through the Platform is to stop using the Platform.

Subject to these Terms, BAREL™ grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Platform solely in connection with your use of services available through the Platform; and (ii) access and use of any content, information and related materials that may be made available through the Platform. Any rights not expressly granted herein are reserved by BAREL™.

BAREL™ reserves the right, at its discretion, to update or revise these Terms at any time and to increase or decrease rates charged to users. All changes to these Terms are effective and binding on you immediately either upon posting the revised Terms to BAREL's website or making the Terms otherwise accessible through the Platform. You acknowledge and agree that you are responsible for checking the Terms periodically for changes. Your continued use of the Platform following any such updates or revisions constitutes your acknowledgement and acceptance of the changes and agreement to abide and be bound by the updated or revised Terms.

As used in these Terms, BAREL™ refers to BAREL™ Holdings, Ltd., and its owners, parent companies, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, maintaining, or delivering the Platform.

BAREL™ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, SATISFACTORY QUALITY, NONINTERFERENCE, OR ACCURACY OF INFORMATIONAL CONTENT; WHETHER SUCH WARRANTIES ARISE FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, SUCH WARRANTIES ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY BAREL™.

YOU UNDERSTAND AND AGREE THAT THE SERVICES AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, BAREL™ MAKES NO WARRANTY THAT THE PLATFORM OR THE SERVICES, MATERIALS, CONTENT, PRODUCTS, GOODS, DATA, INFORMATION, SOFTWARE, OR RESULTS (COLLECTIVELY “MATERIALS”) AVAILABLE THROUGH THE PLATFORM WILL MEET USER REQUIREMENTS OR WILL BE ERROR-FREE, RELIABLE, ACCURATE, TIMELY, OR EFFECTIVE. YOU ASSUME FULL RESPONSIBILITY FOR ANY LIABILITY ARISING OUT OF THE USE, SALE, OFFERING FOR SALE, TRANSPORTATION, STORAGE, HANDLING, DISPOSAL, OR DISCHARGE OF ANY MATERIALS OBTAINED THROUGH THE PLATFORM.

IN ADDITION TO THE OTHER DISCLAIMERS AND LIABILITY LIMITATIONS SET FORTH HEREIN, BAREL™ SPECIFICALLY DISCLAIMS LIABILITY FOR THE FOLLOWING:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BAREL™ BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, EMOTIONAL DISTRESS, LOSS OF CONSORTIUM, OR CONTINGENT DAMAGES OF ANY KIND, OR ANY COSTS OF LITIGATION, LOST PROFITS, LOST INCOME, OR LOST BUSINESS OPPORTUNITY, ARISING OUT OF ANY CLAIM OF ANY NATURE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT, OR OTHERWISE, NOR SHALL BAREL™ HAVE A DUTY TO DEFEND SUCH CLAIMS ON YOUR BEHALF. IT IS AGREED AND UNDERSTOOD THAT THE ACCESSIBILITY OF THIRD-PARTY SERVICES THROUGH THE PLATFORM CONSTITUTES CONSIDERATION IN LIMITING BAREL'S LIABILITY. TO THE EXTENT ANY DAMAGES ARE DEEMED RECOVERABLE AGAINST BAREL™, IN NO EVENT WILL BAREL'S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY, ARISING FROM ANY CAUSES OF ACTION OR THEORY OF LIABILITY, EXCEED THE GREATER OF AMOUNTS PAID BY YOU TO BAREL™ OR $100.00.

YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE SERVICES AVAILABLE THROUGH THE PLATFORM MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT BAREL™ HAS NO CONTROL OVER THIRD PARTY NETWORKS THAT YOU MAY ACCESS IN THE COURSE OF PARTICIPATING IN THE PLATFORM. DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND BAREL'S CONTROL.

The services that are available through the BAREL HOME™ component of the Platform consist of technology that facilitates interactions between an owner of a pet (“Customer”) and third party pet care service providers (“Provider”) within an online marketplace. The Platform provides a conduit between Customers and Providers (collectively “users”) through its technology platform. By utilizing the Platform, you hereby acknowledge and agree that:

Providers may offer services that include, but are not limited to, pet walking (“Walk Services”), short-term pet care visits (“Check-In Services”), pet sitting services (“Day Care Services”), pet transportation services (“Ride Service Terms”), vaccinations, and other veterinary care.

Customers are responsible for ensuring that the Provider has the means and authorization to access pets for purposes of rendering services. By using the Platform to book and schedule services from a Provider, you expressly authorize the Provider, or a designated substitute Provider, to access the property where the pet is located during the scheduled window of time (or times for multiple bookings or a series of bookings). In connection with accessing a Customer’s property and rendering services, Providers may utilize a BAREL identification badge to verify the Provider’s identity and the times during which services are rendered. BAREL WAIVES ANY EXPRESS OR IMPLIED WARRANTY CONCERNING THE OPERATION OR USE OF THE IDENTIFICATION BADGES AND THE INFORMATION AND DATA ACCESSIBLE THROUGH BADGES. PROVIDER AND CUSTOMER EACH WAIVE ANY CLAIM AGAINST BAREL OR THE MANUFACTURER OF THE BADGE RELATING TO THE USE AND OPERATION OF THE BADGE AND ANY ERRORS, MISTAKES, INACCURACIES, LOSS OF, OMISSION, OR UNAVAILABILITY OF DATA AND INFORMATION STORED TO, OR THAT COULD HAVE BEEN STORED TO, THE BAREL IDENTIFICATION BADGE.

As a condition for receiving services, Customers are responsible for providing supplies reasonably required to render services, such as a leash, collar, pet food, water, cat litter, or cleaning supplies.

BAREL™, at its sole discretion, may elect to commission or perform a background check or investigation of Providers offering services through the Platform. BAREL™ is not responsible or liable for the results and content of any such background check or investigation. Customers should make whatever further investigation that the Customer deems necessary or appropriate before hiring or engaging a Provider.

BAREL™ is not responsible for the accessibility or unavailability of any Provider or for your interactions and dealings with a Provider, and Customers waive the right to bring or assert any claim against BAREL™ relating to any interactions or dealings with any Provider, and Customers release BAREL™ from any and all liability for or relating to any interactions or dealings with a Provider.

The BAREL ID™ component of the BAREL™ Platform allows pet owner Customers to safely and expediently search for and recover lost pets. The Platform facilitates recovery of lost pets through enhanced identification tools, including microchips, geolocation techniques, comprehensive and unique digital pet ID, and a BAREL™ alert system. Through the BAREL™ alert system, the Platform distributes “lost” notifications to shelters and veterinary clinics in the area surrounding a pet’s home or last known location. Customers have the ability to authorize access to a pet’s important documents and information to facilitate delivery of pet profile and medical information in the event of an emergency.

BAREL™ is not providing search and location services for your pets. Instead, BAREL™ provides a technology Platform that facilitates identification of pets by third parties that may lead to the recovery of a lost or stolen pet. BAREL™ DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY CONCERNING THE OPERATION OR USE OF MICROCHIPS OR COLLAR TAGS, THE INFORMATION AND DATA ACCESSIBLE THROUGH THE MICROCHIPS OR COLLAR TAGS, AND THE ACTIONS OF THIRD PARTIES IN USING THE MICROCHIPS AND COLLAR TAGS.

When BAREL™ receives notice that a pet was recovered, BAREL™ will help reunite the pet with its owner by placing the pet with a local veterinarian, pet shelter, or other appropriate facility for pick up. Alternatively, BAREL™ will coordinate a mutually agreed meeting between the pet’s owner and the person that recovered the pet (i.e., the “recovering party”). BAREL™ is not responsible for fees assessed by a third party such as a veterinarian, pet shelter, or recovering party involved in reuniting the pet with its owner. BAREL™ is also not responsible for the actions of a third party in failing to return a pet or appear for a mutually agreed meeting. BAREL™ FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES, HARM, INJURY, OR CLAIMS RESULTING FROM THE ACTIONS OF A THIRD PARTY INVOLVED IN RECOVERING THE PET OR RETURNING THE PET TO AN OWNER.

You understand that use of the Platform may result in charges to you for services, service packages, or goods you receive from BAREL™ or from a third-party Provider (“Charges”). Charges are paid solely through the Platform and may rely on third-party financial service providers and technology to process payments. Through the Platform, BAREL™ will facilitate your payment of Charges as a limited payment collection agent of Providers. Payment of Charges in this manner shall be considered the same as payment made directly by Customers to Provider.

YOU ACKNOWLEDGE AND AGREE THAT BAREL™ IS NOT LIABLE FOR ANY DAMAGES, HARM, OR CLAIM RESULTING FROM THE ACTIONS OF A THIRD PARTY FINANCIAL SERVICE PROVIDER, INCLUDING ANY LOSS OF DATA OR FUNDS.

PAYMENTS PROCESSED BY A FINANCIAL SERVICE PROVIDER MAY BE SUBJECT TO FEES CHARGES BY SUCH FINANCIAL SERVICE PROVIDER AS WELL AS THE FINANCIAL SERVICE PROVIDER’S OWN TERMS AND CONDITIONS SEPARATE FROM THESE TERMS.

BAREL™ reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the Platform at any time in BAREL's sole discretion. Payments through the Platform are structured to fully compensate Providers, and BAREL™ does not designate any portion of payments or Charges as a gratuity. Payment of gratuity is voluntary.

BAREL™ does not guarantee that the Platform offers the best available rates or prices and does not guarantee against pricing errors. BAREL™ reserves the right, in its sole discretion, to not process or to cancel any orders or bookings placed, including, without limitation, if the price was incorrectly posted.

Payment will be processed using the preferred payment method(s) designated in each user’s account. You consent to receiving electronic receipts for Charges paid.

Users are responsible for understanding the amount of and basis for Charges before booking a service or making a purchase. Services can optionally be purchased as a Service Package where Charges for multiple services are incurred in advance prior to booking services (e.g., paying Charges in advance for multiple Walks Services or Check-In Services that may be scheduled at a later date). Payment for Charges is due immediately upon booking, ordering, or purchasing regardless of your awareness of such Charges or the amounts thereof. Charges for some services, such as BAREL ID™, are incurred periodically (i.e., monthly or yearly) and will be due and payable immediately at the beginning of each billing cycle unless cancelled at least two (2) business days prior to the beginning of the next billing cycle.

If services are canceled more than four (4) hours before services are scheduled to be rendered, then at BAREL's discretion: (i) Charges for services may be refunded; (ii) the Charges may be credited to your account for later use or redemption; or (iii) the services may be credited to your account such that services can be booked at a later time without incurring additional service Charges. Subject to the foregoing cancellation terms, Charges for services are otherwise nonrefundable, and in all cases, payments for gratuities are absolute and nonrefundable.

As a condition of your participation in the Platform, you acknowledge and agree that:

In order to participate in the Platform, you will be required to create an account that includes a username and password or other credentials that can be obtained by providing certain information and data (“Registration Information”) to BAREL™ or to a third party, such as Facebook®. By registering and creating an account for use of the Platform, you agree that all information provided in the Registration Information and in connection with using the Platform is true and accurate and that you will maintain and update this information as required to keep it current, complete, and accurate.

You also grant BAREL™ the right to disclose to third parties certain Registration Information about you in connection with BAREL's facilitation of the services through the Platform. The information obtained through your participation in the Platform, including your Registration Information, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms and available through BAREL's website.

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account with anyone, and BAREL™ reserves the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

Your Registration Information is confidential, and you agree that you are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account with anyone, and BAREL™ reserves the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof. You are solely responsible for all use of your password and account, including unauthorized use. You will notify BAREL™ immediately if you learn of any unauthorized use of your account, including your username and password.

You agree that after completing a session using or accessing the Platform, you will exit or otherwise log out of your account so that others cannot view or otherwise gain access to your account from your computing device. BAREL™ reserves the right to disable any username, password at any time and at our sole discretion if, in our opinion, you have violated any provision of these Terms of Service.

The Platform includes a capability for a Customer and Provider to engage in an audio call that is similar to a telephone call within the Platform and for text, video, and audio messages (“Interactions”). You agree to allow us to record, capture and retain the audio, text, video Interactions for quality assurance, training, customer service, and account administration purposes.

With respect to telephone calls that you make into BAREL's customer service telephone number or via the Platform Mobile Application, you further agree to allow BAREL™ to monitor and record those telephone calls for quality assurance and training customer service, and account administration purposes.

You acknowledge that BAREL™ may establish general practices and limits concerning access to and use of the Platform, including, without limitation, eligibility criteria for Customers or Providers (e.g., geographic location, limitations on pets species, breeds, or sizes, etc.), the maximum amount of data that will be stored on your behalf, or the maximum number of times you may access the Platform in a given period of time. At its discretion, BAREL™ may refuse to post, redeem or otherwise process a service or product offering or request, or BAREL™ may limit service availability to particular addresses or locations, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, or known or potential violations of the these Terms.

You agree that BAREL™ has no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Platform. You acknowledge that BAREL™ reserves the right to log off or delete accounts at BAREL's discretion for any reason, including, without limitation, nonpayment of any applicable fees, refusal to redeem or honor a service offering, or inactivity for a prolonged period of time. You further acknowledge that BAREL™ reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Providers may impose additional terms and conditions with respect to service offerings, including, without limitation, requiring minimum purchase amounts or durations (e.g., purchase of pet walking on a weekly basis), requiring the purchase of certain products or reimbursement of costs (e.g., payment for pet food provided during pet sitting or shampoo during grooming), requiring reservations, or imposing time or quantity limitations for services (e.g., no more than a certain number of dogs or cats per household). BAREL™ is not responsible for additional terms or conditions imposed by Providers. By booking or requesting a service or product offering, Customers agree to the specific terms and conditions imposed by the Provider at the time of ordering.

As part of the functionality of the Platform, you may link your Platform account with online accounts you have with third party service providers (each such account, a “Third-Party Account”). You represent and warrant that you are entitled to disclose your Third-Party Account information to BAREL™ and/or to grant BAREL™ access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account. By granting BAREL™ access to any Third Party Accounts, you understand that: (i) BAREL™ may access, make available, and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Platform via your account, including without limitation any friend lists; and (ii) BAREL™ may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account in the Platform. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. BAREL™ makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

There may be certain features in the Platform that allow you to voluntarily submit User Information to BAREL™, including your geographic location, personal preferences, information about pets you own, photographs, videos, or personal and browsing Information that could be used to identify or contact you. BAREL™ provides storage space and access to such information through the Platform.

For purposes of these Terms, “Content” includes any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed through use of the Platform. You may not use the Platform to publish Content that BAREL™ determines, at its sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described herein. BAREL™ will not routinely monitor Content you submit, share, or post to the Platform. You are solely responsible for any information contained in your Content. However, if complaints are received regarding Content you make available on the Platform, BAREL™ may, at its sole discretion, remove the Content, terminate your account, suspend your account, restrict access to your account, or remove Content from it, if necessary or appropriate.

The accounts of Platform users operate on are shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

This Platform is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although BAREL™ takes reasonable precautions to preserve and protect any material you provide for upload or storage to the Platform, you should not rely on the Platform as your only storage facility. You should preserve backup copies of any digital data, information, or other materials that you have provided for upload. You agree not to hold BAREL™ liable for any damage to, any deletion of, or any failure to store your files, data, Content, User Information, or Registration Information.

If you choose to voluntarily submit any information to BAREL™ as part of the Platform, you understand and agree that such information will be transmitted over the Internet. While BAREL™ has taken reasonable steps to protect any information that you may submit from unauthorized interception and use, the risk of unauthorized interception and use of electronically transmitted information cannot be entirely eliminated. Therefore, there is always a risk of unauthorized interception and use of any information that you submit to BAREL™ through the Platform. If you voluntarily access and use the Platform, BAREL™ will not be responsible for any unauthorized interception and/or use of your information.

Your use of the Platform is subject to all applicable laws, rules, and regulations, and you are solely responsible for the contents of your communications through the Platform. You acknowledge and agree that you will not engage in conduct that does the following or upload or otherwise submit or facilitate submission of any content, including text, communications, software, images, sounds, data, or other information, that:

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. You shall not interfere with anyone else’s use and enjoyment of the Platform. Users who violate systems or network security may incur criminal or civil liability.

You agree that BAREL™ may, at any time and at its sole discretion, terminate your account without prior notice to you for violating any of the above provisions. In addition, you acknowledge that BAREL™ will cooperate fully with investigations of violations of systems or network security, including cooperating with law enforcement authorities in investigating suspected criminal violations.

The Platform, any Content provided by BAREL™ within the Platform, and the infrastructure used to provide the Platform are owned by or proprietary to BAREL™. Any printing, copying, modifying, downloading, or otherwise engaging in the use of any part of the Platform in breach of these Terms shall result in the immediate termination of your rights to access or use the Platform and under such circumstances, you must, at our option, return or destroy any copies of the materials that you have in violation of these Terms. No right, title, or interest in or to the Platform or any Content is transferred to you. All rights not expressly granted herein are expressly reserved to BAREL™. The Platform is provided to you under a license and not sold to you, and you acknowledge that you do not acquire any ownership interest in the Platform under these Terms or any rights thereto other than to use the Platform in accordance with the license granted and subject to these Terms.

By using the Platform and accepting these Terms, BAREL™ grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Platform pursuant to these Terms, the BAREL™ Privacy Policy, and to any additional terms and policies set forth by BAREL™. You shall not:

Content made available by BAREL™ is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the sole property of BAREL™. You are only permitted to use the Content as expressly authorized by BAREL™ or the specific Content owner. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Platform in any form or by any means without prior written permission from BAREL™ or the specific content owner, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available through the Platform. Any unauthorized use of the content available through the Platform may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Neither BAREL™ nor its affiliates warrant or represent that your use of Content or Materials displayed within, or obtained through, the Platform will not infringe the rights of third parties. See “User’s Content” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

BAREL™ marks and certain other marks within the Platform are registered or unregistered trademarks or service marks of BAREL™. All custom graphics, icons, logos, and service names are registered or unregistered intellectual property of BAREL™. All other trademarks, service marks, copyrights, or patentable material are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, copyrighted material, and/or the name of BAREL™.

Each time you submit any Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any Content you submit, and that, as to that user-provided Content: (i) you are the sole author and owner of the intellectual property and other rights to the Content, or you have a lawful right to submit the User Content and grant BAREL™ the rights to it that you are granting by these Terms and any additional terms, all without any obligation on our part to obtain consent of any third party and without creating any obligation or liability of BAREL™; (ii) the Content is accurate; (iii) the Content does not and, as to BAREL's permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (iv) the Content will not violate these Terms or any additional Terms, or cause injury or harm to any person.

BAREL™ has no obligation to monitor or enforce your intellectual property rights to your Content, but you grant BAREL™ the right to protect and enforce BAREL's rights to your Content, including by bringing and controlling actions in your name and on your behalf (at BAREL's cost and expense, to which you hereby consent and irrevocably appoint BAREL™ as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

Subject to BAREL's Privacy Policy, any communication or material that you transmit through the Platform or to BAREL™, whether by electronic mail or other means, for any reason, will be treated as nonconfidential and nonproprietary. Please do not submit confidential or proprietary information to BAREL™ unless we have mutually agreed in writing otherwise.

You grant BAREL™ and its designated licensees a nonexclusive, royalty-free, fully paid, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material transmitted through the Platform; except that any feedback on the Platform itself (including the Mobile Application) as well as improvements, modifications, or changes arising from or in connection with your feedback, are BAREL™ property.

BAREL™ respects the intellectual property of others and asks you to do the same. If you or any user of this Website believes its copyright, trademark, or other property rights have been infringed by a posting on the Platform, you or the user should send notification to BAREL™ immediately. To be effective, the notification must include:

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), BAREL's Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

The Platform may link you to third-party websites or otherwise include references to services, materials, content, products, data, information, results, documents, or software provided by third parties. These websites and third parties are not under BAREL's control, and you acknowledge that BAREL™ is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor is BAREL™ responsible for errors or omissions in any references to other parties or their products and services.

The inclusion of a link or reference to third-party Materials or Content is provided merely as a convenience and does not imply endorsement of, or association with BAREL™, or any warranty of any kind, either express or implied. All statements and/or opinions expressed in third-party Materials and Content are solely the opinions and the responsibility of the person or entity providing such materials and do not necessarily reflect the opinion of BAREL™. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

You agree that BAREL™ may, in its sole discretion, terminate or suspend your access to all or part of the Platform with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the Platform immediately ceases, and you acknowledge and agree that BAREL™ may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. BAREL™ shall not be liable to you or any third-party for any claims or damages arising out of any termination or suspension or any other actions taken by BAREL™ in connection therewith.

Your obligations to BAREL™ will continue upon termination of your rights under these Terms, including restrictions regarding the content, disclaimers, indemnification obligations and liability limitations under the Terms. Upon termination of your rights, you must promptly destroy all content and materials downloaded or obtained from the Platform.

BAREL™ also reserves the right to terminate, alter, modify, update, or discontinue the Platform, including any features therein, at any time with or without notice to you. BAREL™ is not liable to you or any third-party should BAREL™ exercise such right.

You agree to promptly download and install all updates to the Mobile Application or other software that become available, and you acknowledge and agree that the Platform or portions thereof may not properly operate should you fail to do so. You further acknowledge and agree that all updates will be deemed part of the Platform subject to these Terms.

You assume full responsibility for any use of any services or Content available through the Platform. You understand and agree that BAREL™ will not be responsible or liable for any claim, loss or damage arising from the use of any such services and Content.

You agree to defend, indemnify, and hold harmless BAREL™ and its affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees and costs, arising out of, related to, or in connection with any of the following: (a) any Content submitted or posted by you, in connection with the Platform, or any use of the Platform in violation of these Terms; (b) fraud you commit or your intentional misconduct or gross negligence; (c) your violation of any applicable law or rights of a third-party; or (d) your use or misuse of the Platform. BAREL™ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BAREL™ in asserting any available defenses.

You are solely responsible for your interactions with Providers, Customers, and other users of the Platform. To the extent permitted under applicable laws, you hereby release BAREL™ from any and all claims or liability related to: (i) any service or product offered by a Provider or other user, regardless of whether such service or Content were available through the Platform, (ii) any action or inaction by a Provider or other user, including, without limitation, but not limited to any harm caused to you by action or inaction of a Provider or user, (iii) a Provider’s failure to comply with applicable law and/or failure to abide by these Terms or any other product or service purchased or obtained by you from a Provider, and (iv) any conduct, speech or content, whether online or offline, of any other third-party.

Any controversy or claim between the parties shall be subject to binding arbitration, conducted on a confidential basis, and administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be presided over by a single arbitrator to be selected according to AAA procedures. The mandatory, exclusive location for the arbitration shall be Hillsborough County, Florida.

Except as may be required by law or as set forth below, the parties and their representatives shall not disclose the existence, content, or results of any arbitration between the parties. The arbitrator shall have the exclusive authority to determine the scope and enforceability of these Terms and to resolve disputes in connection with these Terms. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are applicable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. The federal rules of evidence shall apply to arbitration between the parties, and the arbitration shall be governed by the laws of the State of Florida. The arbitrator shall have the authority to grant any relief that could be granted by a court of competent jurisdiction under Florida or applicable federal law.

The arbitrator’s award shall be final, binding, and non-appealable, and judgment on the award shall be entered only within the state and federal courts located in Hillsborough County, Florida. The prevailing party in an arbitration shall be entitled to an award of all attorneys’ fees and costs incurred in any way relating to the resolution of the parties’ dispute and the enforcement and / or collection of the arbitrator’s award or the judgment on the award.

Unless otherwise agreed in writing between the parties, arbitration on an individual basis (one claimant and one respondent) shall be the exclusive remedy for any claim that might otherwise be brought on a class, collective, or representative basis. The parties must bring any claim on an individual basis, such that the arbitration shall involve only the claim or claims asserted by a party solely on his, her, or its own behalf. The parties waive any right to a class, collective, or representative arbitration or other proceeding under this Agreement, and a party shall not request, nor shall the arbitrator allow, the joinder of any other party in an arbitration, except upon express written consent signed by the parties.

The parties shall maintain the confidential nature of the arbitration, including all disclosures in discovery, submissions to the arbitrator, the hearing, interim rulings, and the contents of the arbitrator’s award, except as may be necessary in connection with a judicial action for a provisional remedy or to vacate, enforce, and / or collect an award, or unless otherwise required by law or allowed by prior written consent of the parties. This provision shall not prevent either party from communicating with witnesses or potential witnesses to the extent necessary in connection with the arbitration.

If any portion of this arbitration provision is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from this arbitration provision; and (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration provision.

You may not assign your rights or obligations under these Terms to any third party, and any purported attempt to do so shall be null and void. BAREL™ may freely assign its rights and obligations under these Terms.

You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of the Platform.

These Terms shall not be construed more strictly against any party regardless of who is responsible for their drafting. Unless the context of these Terms otherwise clearly requires, references to the plural include the singular and the singular include the plural.

The captions of these Terms are for convenience and ease of reference only and in no way define, describe, extend, or limit the scope or intent of these Terms.

The BAREL™ Platform is operated by BAREL Technologies Inc. and BAREL™ US, Inc.

Feedback, comments, requests for technical support, and other communications relating to the BAREL™ website, Mobile Application, or the services available on or through the Platform should be directed to support@mybarel.com.