IT'S ALMOST PLAYTIME!
Thanks to an amazing friend, you have a FREE 2X UPGRADE. That's 4 toys, 4 bags of treats, and 2 yummy chews! Choose your box below:
- BarkBOX: A monthly themed box of toys, treats
and unleashed joy, thoughtfully designed
to satisfy every dog’s unique playstyle.
- Super Chewer: A monthly themed box of tough toys,
treats and chews for adventure-seeking
dogs, designed to challenge and engage
for longer-lasting play.
Enter your email to receive:
FEELIN' LUCKY CAMPAIGN
OFFICIAL RULES
EFFECTIVE DATE: March 14, 2023
1. NO PURCHASE NECESSARY TO ENTER OR WIN
2. HOW TO ENTER:
Beginning on March 14, 2023 at 12:00am EST through March 31, 2023 at 11:59pm EST, refer a friend to Bark under our referral terms which are provided below. If your friend joins Bark, you will be entered into the Feelin’ Lucky Campaign (the “Giveaway”). You will earn an entry for each friend that you refer that joins Bark, provided that each referral is in accordance with the terms of Bark’s referral program. Use of any robotic, automatic, programmed, or similar entry method will void all entries and result in disqualification.
3. ELIGIBILITY:
This Giveaway is open to natural persons who are: (a) residents of the 50 United States and District of Columbia, and (b) 18 years of age and older. Employees, interns, contractors, officers and directors of Barkbox, Inc. ("Sponsor"), their affiliates, subsidiaries, and agencies (collectively "Promotion Parties") and members of their immediate family (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers, and directors are not eligible to participate or win any prize. By entering this Giveaway, participants accept and agree to be bound by these official rules and represent that they satisfy the eligibility requirements. All potential winners are subject to verification before any prize will be awarded, and Sponsor reserves the sole right to determine eligibility. Void where prohibited.
4. DRAWING:
A random drawing will be conducted by Sponsor to select the winners from among all eligible entries received throughout the length of the Giveaway. Odds of winning depend on the number of entries received. Potential winners will be notified by email and must respond to the email with seven (7) days of the date notice is sent, or such other date set by Sponsor. Failure to respond within the applicable time period will result in forfeiture of prize, and Sponsor shall have the option to award the prize to an alternate winner. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate winner may be selected. All income taxes resulting from acceptance of prize are the responsibility of winner. By entering this Giveaway, entrant accepts and agrees to these Official Rules and the decisions of the Sponsor, which shall be final in all matters. Acceptance of a prize also constitutes permission to the Sponsor to use winner's name, likeness, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law. All federal and state laws apply.
5. LIMITATION OF LIABILITY:
By entering this Giveaway, entrants waive all right to, and hold the Promotion Parties harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising out of or in connection with participation in this Giveaway or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Promotion Parties will not be responsible for: late, incomplete, or incorrect entries; an entrant's failure to receive prize notices due to entrant's spam, junk e-mail, or other security settings or for entrants' provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Giveaway; by any human error which may occur in the processing of the entries in this Giveaway; or any typographical, technological, or other error in the publishing of the offer, administration of the Giveaway, or announcement of the prizes. If, in the Sponsor's opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Giveaway, or if technical difficulties (including viruses and bugs) compromise the integrity of the Giveaway, Sponsor reserves the right to request that the Sponsor, in its sole discretion, cancel or modify this Giveaway in a manner deemed appropriate by the Sponsor. In the event of termination, winners will be selected from among all eligible entries received as of date of termination. In the event a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the name on the online entry form.
6. PRIZES:
Five winners will receive a “BARK Swag Bag” consisting of various miscellaneous BARK items. Each BARK Swag Bag is worth approximately one hundred dollars ($100). Winners will be selected at random from the eligible entires. Limit one prize per family or household. No substitution or transfer of prize permitted by winner. Sponsor reserves the right to substitute a prize of equal or greater value. All prizes will be awarded. If a potential winner is disqualified for any reason or if Sponsor is unable to contact a winner, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which any prize will remain un-awarded.
7. TAXES:
THE PRIZE TO THE POTENTIAL WINNERS IS SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL TAX REPORTING. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. In order to receive a prize, potential winners must submit tax documentation requested by Sponsor or otherwise required by applicable law, to Sponsor or a representative of Sponsor or the relevant tax authority, all as determined by applicable law. The prize winner is responsible for ensuring that they comply with all applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Sponsor may, in its sole discretion, select an alternate potential winner.
8. CHOICE OF LAW AND FORUM:
Entrant agrees that all matters arising out of or relating to this Giveaway and these Official Rules are governed by, and construed in accordance with, the laws of New York, without giving effect to any of its conflict of laws provisions thereof. Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to this Giveaway and these Official Rules shall be brought exclusively in the applicable federal or state courts located in New York, New York.
9. PRIVACY:
Information submitted with an entry is subject to the Privacy Policy stated on Sponsor’s website. To read the Privacy Policy, click here.
10. SPONSOR:
Barkbox, Inc.
120 Broadway, 12th Floor
New York, New York 10271
Bark Co Offer terms
EFFECTIVE DATE: Feb 18, 2014
Thank you for participating in Bark Co’s Offer Referral Program (the “Program”)! The Program allows users (the “Advocates”) to share an offer (“Offer”) by using a personalized link that Advocates share with their friends (the “Friends”). Subject to these Offer Terms, and as described below, Advocates and Friends will be able to obtain an online coupon code (“Reward”) that they can redeem with Bark Co.
By participating in the Program, you , as an Advocate or Friend, as the case may be (collectively, “You”), agree to enter into these Offer Terms with Bark Co. Your participation in the Program is also subject to your consent to be bound by the Talkable Referral Program Terms of Service (below), which are entered into by and between You and Curebit Inc. d/b/a Talkable (“Talkable”).
Subject to these Offer Terms and any other terms described in the offer page, the personalized links that Advocates share with their Friends will allow their Friends to obtain Rewards that they can redeem when making their first purchase order with Bark Co (a “Qualifying Purchase”). A Qualifying Purchase may be subject to a minimum spend. When a Friend uses an active personalized link to make his or her Qualifying Purchase with Bark Co, the Advocate who referred that Friend will earn their own Reward that the Advocate can use for future purchases with Bark Co or, if applicable, at third-party retailers. To qualify for a Reward, the Friend must be a new customer to Bark Co, but there is no requirement that the Advocate be a new customer. Rewards ordinarily are distributed via email after the completion of a Qualifying Purchase and after approval by Bark Co, in its sole discretion. Advocates may not earn more than 1000 Rewards in 30 days, or more than 1000 Rewards in total. Advocates may earn only one (1) Reward per Friend, regardless of the number of purchases that his or her Friends make. Rewards cannot be combined with other discount codes in a single order. To receive multiple Rewards, Advocates must introduce multiple Friends who make a Qualifying Purchase using the Advocate’s active personalized referral link. An Advocate cannot refer him or herself to earn a Reward. For example, an Advocate may not participate in the Program using multiple or fake email addresses or identities. When sharing Rewards, Advocates must tell their Friends that Advocates will receive a reward from Bark Co if they make their Qualifying Purchase using your personalized link. Bark Co, in its sole discretion, may impose limits on how many Offers may be shared by an Advocate, as well as how frequently those Offers can be made, and Rewards may not be given if those limits are exceeded.
Bark Co reserves the right to refuse to issue or redeem a Reward to Advocates or Friends at any time. Further, Bark Co reserves the right, in its sole discretion, to (i) vary any and all elements of an Offer at any time without notice to You and (ii) to prevent any individual from participating in this or future promotions. An Offer cannot be applied to previous purchases and is not redeemable for cash. You understand that although You initially participated in an Offer as a Friend, You will be considered an Advocate if You share a personalized link with your own Friends.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Bark Co, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Bark Co WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
You understand and agree that these Offer Terms are solely between You and Bark Co. You further understand that Talkable solely provides services that facilitate your ability to participate in the Program and share our offers with your Friends (as that term is defined below). Talkable is not involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer, and who may or may not redeem Rewards. If You wish to be removed from the Program, please contact support@talkable.com. AS SUCH, YOU UNDERSTAND AND AGREE THAT TALKABLE IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF PARTICIPATING IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO OBTAIN OR REDEEM ANY REWARDS.
TALKABLE REFERRAL PROGRAM
TERMS OF SERVICE
EFFECTIVE DATE: Feb 18, 2014
1. INTRODUCTION
Thank you for using Talkable! These Terms of Service (“Terms”) cover your rights and obligations relating to your access and use of the Talkable website, your participation in the Talkable Referral Program (as defined below), and any other related services provided by us (collectively, the “Service”). All references to “we”, “us”, “our”, or “Talkable” refer to Curebit Inc., d/b/a Talkable, a Delaware corporation. All references to “Advocate” refer to the person referring a particular merchant offer, discount, or perk (the “Offer”) All references to “Friend” refer to the party receiving the Advocate’s referral of the Offer. All references to “you”, “your”, or “user” refers to all users of the Talkable Referral Program, whether they are Advocates or Friends. In addition to these Terms, please review the Talkable Privacy Policy which describes our practices related to collection and use of your information to provide the Service. These Terms apply to our Privacy Policy as well and both these Terms and our Privacy Policy comply with the requirements of the EU General Data Protection Regulation (“GDPR”). By using the Service, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.
PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE. Do not hesitate to contact us at platform@talkable.com if you have any questions or want to discuss these Terms.
2. AGE POLICY; PERMITTED USERS
The Service is not intended to be used by children under 16 years of age. By using the Service, you represent to Talkable that you are over 16 years old and that you are legally able to enter into this Agreement. We do not knowingly collect or solicit personally identifiable information from anyone under 16; if you are under 16, please do not use or attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from anyone under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at platform@talkable.com.
3. PERMITTED USE OF THE SERVICE
You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service.
4. OVERVIEW OF THE SERVICE
Talkable allows Advocates the opportunity to refer Friends (the “Talkable Referral Program”) Offer to try the goods and/or services of Bark Co (the “Merchant”). In order to participate in the Talkable Referral Program, an Advocate may be required to provide us with certain Personal Data, which may include his or her name and email address. The Advocate will have the ability to share the Offer with a Friend, and this can be done in various ways, including sharing the Offer through Facebook or emailing the Offer to your Friend. Once the Offer is received by your Friend(s), your Friend(s) will have the ability to accept the Offer to purchase the Merchant’s goods and/or services. The Offer is subject to the Bark Co Offer Terms. You understand and agree that the Bark Co Offer Terms are entered into by and between you and the Merchant and that Talkable is not a party to the Bark Co Offer Terms.
You understand that the terms of a particular Offer are governed by the Bark Co’s Offer Terms, which may contain restrictions imposed by the Merchant, including without limitation, a minimum spend, limits on how many times or to how many Friends an Advocate may refer an Offer, and expirations on when the Offer may be claimed. You further understand that Talkable is in no way involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer and who may or may not redeem Rewards (as that term is defined below). As such, you understand and agree that Talkable is not liable for any damages you may suffer as a result of participating in the Program, including but not limited to your inability to obtain or redeem any Rewards. The Talkable Referral Program is subject to modification or termination at any time without notice in our sole discretion.
5. INFORMATION TALKABLE SHARES WITH THE MERCHANT AND THE THIRD-PARTY MERCHANTS
A core aspect of the Service is to provide Advocates and Friends the best discounts and perks our merchants’ offers. To that end, Talkable will allow the Merchant to access the Personal Data of Advocates and Friends to facilitate the provision of the Offer and related services surrounding the Talkable Referral Program. Additionally, Talkable will also allow merchants other than the Merchant (the “Third-Party Merchants”) access to the Personal Data of Advocates and Friends to facilitate the provision of the services offered as part of the Talkable Referral Program, including showing Advocates and Friends promotions or offers from the Third-Party Merchants and personalizing the offer in accordance with Advocates’ and Friends’ preferences, sharing or purchase history. While the Merchant’s and the Third-Party Merchants’ use of your Personal Data is beyond our control, by agreeing to these Terms and our Privacy Policy, you do consent to Talkable sharing your Personal Data with the Merchant and the Third-Party Merchants to provide you with the services of the Talkable Referral Program. Further, you understand that the Merchant and the Third Party Merchants may not have appropriate technical and organizational safeguards in place for your Personal Data, including (1) being in a country that has adequate data privacy protections (as determined by the European Commission); (2) having in place Binding Corporate Rules; (3) being certified under the EU-US and Swiss-US Privacy Shield programs; and/or (4) having Data Processing Agreements that incorporate Standard Contractual Clauses approved by the European Commission. The Merchant and/or the Third-Party Merchants may be in countries that the European Commission has determined do not provide for an adequate level of data protection to meet the requirements under the GDPR. If the Merchant and/or the Third-Party Merchants do not have appropriate technical and organizational safeguards, you understand that there might be certain risks affecting your Personal Data, including but not limited to the fact there might not be a supervisory authority, data processing principles, and/or data subject rights in such countries that protect your Personal Data in the same way and to the same extent the principles and standards of the GDPR might. You agree that your consent to the above is our lawful basis under the GDPR for transferring your Personal Data to the Merchant and the Third-Party Merchants.
6. LIMITATIONS ON USE OF THE SERVICE
You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service. Further, you may not copy, sell, distribute, publish, download, or reproduce any aspect of the Service. You also may not modify, make derivative works of, decompile, reverse-engineer, disassemble, or otherwise convert any aspect of the Service. Further, you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; you agree not to access the Service in order to build a similar or competitive service; you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by Talkable; and you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service.
7. OWNERSHIP OF THE SERVICE
The Service contains important and proprietary property owned by us, including software that constitutes our intellectual property and trade secrets. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service.
8. THIRD PARTY SITES AND SERVICES
Our Service may be integrated with services provided by third parties, including those of the Merchant, as part of the functionality of the Service. You understand that, except as required by GDPR, we do not have control over third parties and that such third parties are not agents of Talkable. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties, except to the extent required by GDPR. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services, except to the extent required by GDPR. You should contact the third party with any questions about their products and services. Talkable hereby disclaims and you hereby discharge, waive and release Talkable and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
9. UPDATES TO THE SERVICE
Talkable may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent, except to the extent required by GDPR. If you do not want such Updates, your remedy is to stop using the Service. Your continued use of the Service is your agreement to these Terms with respect to the Service.
10. INFORMATION YOU PROVIDE TO TALKABLE
As part of the functionality of the Service we provide, you have the ability to provide us with information about yourself through the Service. The information collected by us is detailed in our Privacy Policy . By providing this information, you grant us the right to use the information for the purposes described in these Terms and in our Privacy Policy . While we do not claim ownership over any such information and content that you provide, you agree that we have the right to use such information and content in furtherance of the Service. Further, by providing us with information and content through the Service, you represent and warrant that you own, or have the full legal authority to distribute, all information that you provide through the Service.
11. INTELLECTUAL PROPERTY RIGHTS OF OTHERS
You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property or proprietary rights of any third parties. You represent and warrant to Talkable that you own, or have the right to use, all information that you provide on or through the Service. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law.
12. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. TALKABLE MAKES NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE: WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALKABLE OR THOUGH THE SERVICE SHALL CREATE ANY WARRANTY.
TALKABLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, BUSINESS, OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, AND TALKABLE IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES. TALKABLE MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND TALKABLE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE.
13. LIMITATION OF LIABILITY
Nothing in these Terms and in particular within this "Limitation of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) TALKABLE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF TALKABLE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) TALKABLE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED $100.
14. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Talkable, its directors, officers, and agents, as well as its licensors, and suppliers from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of any law or the rights of any third party. Talkable reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Talkable and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Talkable’s prior written consent. Talkable will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
15. GOVERNING LAW
These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts in or for San Francisco County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in these Terms.
16. DISPUTE RESOLUTION:
You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Service in the following manner. First, you and Talkable each agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at support@talkable.com ). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in San Francisco County, California, and the costs of which shall be divided equally between you and Talkable. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in San Francisco County, California.
Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.
We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Talkable, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
YOU AND TALKABLE EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY. Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.
17. TERM AND TERMINATION
These Terms will remain in full force and affect as long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms. However, the provisions of these Terms that by their sense and context are intended to survive the termination of these Terms shall survive the termination.
18. SEVERABILITY AND WAIVER
If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
19. ASSIGNMENT
These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by Talkable without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.
20. MODIFICATIONS TO THESE TERMS
Talkable reserves the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. We will always have the latest Terms posted on the Service.
21. HEADINGS USED IN THESE TERMS
The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.