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1.0 Your Privacy

1.1 Information Collection

Personal Information: Portions of the Site permit users to contact Bark Avenue with requests for information regarding our services. Additionally, portions of the Site may require users to provide personally identifiable information. In general, Bark Avenue uses the information users provide for the purposes stated at the point of collection. For example, Bark Avenue collects personally identifiable information from users that submit appointment requests. This information may include names, addresses, and credit card information. Bark Avenue may also retain the content of the communications that are sent to Bark Avenue. This information helps Bark Avenue to respond to inquiries regarding this Site.

Aggregate Information: In addition to personal information, the Site collects and aggregates information about its users and their use of the Site. Like most standard website services, we use log files. Our web servers collect general data pertaining to each Site visitor, including the IP address, the domain name, the web page, the length of time spent and the pages accessed while visiting the Site. This information is collected to, among other things, aggregate information from online and offline sources, facilitate system administration, improve the content of this Site, customize and improve the user experience for Site visitors and customers, and improve customer service.

Our web servers may also seek (as many web sites do) to place a "cookie" (a small data file) on your computer's hard drive which allows the server to determine when it visits again. This cookie is not used to store any personally identifiable information. For more information on cookies, please see below.

1.2 Information Use

a. General: Bark Avenue uses the information collected from users to, among other things, better serve customers, improve the Content of this Site, and customize the experience on the Site. Bark Avenue may also use the information collected to notify Site visitors of changes to this Site, to notify Site visitors of new products, and for any other legitimate and lawful business purpose of Bark Avenue. Bark Avenue may choose to share information with third parties, such as suppliers, financial institutions, and third party service providers.
b. Privacy Commitment: Except as otherwise provided herein, Bark Avenue will not sell or disclose your personally identifiable information to third parties
c. Information Sharing and Disclosure: Bark Avenue is permitted to share your personally identifiable information for the following limited circumstances:

(i) Bark Avenue may use your personal information to contact you to send you notifications regarding this Site.

(ii) Bark Avenue may be required to disclose personal information pursuant to lawful requests, such as subpoenas or court orders, on in compliance with applicable laws. We may share information when we believe it is necessary to comply with law, or to protect our interests, the Site, or other users.

(iii) In the even that we sell our business, in whole, or in part, we may transfer user information in conjunction with such sale.

(iv) Lastly, Bark Avenue may disclose a user's e-mail address as part of a suppression file or do-not-e-mail list to make sure that a user's unsubscribe requests are forwarded to the appropriate parties to insure removal of the user from databases in compliance with law, including without limitation, the Can-Spam Act of 2003.

d. Use and Disclosure of Aggregate Information: Bark Avenue may provide aggregate information regarding members of the Site to third parties for various purposes; provided, however, that such information will not include personally identifiable information.

1.3 Cookies

A "cookie" is a small data file that can be placed on your hard drive when you visit certain websites. We use session ID cookies and persistent cookies. For the session ID cookie, once you close your browser, the cookie will terminate. A persistent cookie remains on your hard drive for an extended period. You can remove persistent cookies by following directions provided in your internet browser's help file.

We use cookies for information collection purposes including, without limitation, to estimate audience size, track visits, measure traffic patterns, monitor referring/exit pages, identify web browsers, identify types of computer used, record number of invalid entries, advertisement leads and additional information collection features. Our cookies are not used to store your personally identifiable information, however, information recorded by cookies will be stored in our database and associated with your personally identifiable information. Our use of cookies does not enable third parties to access any of your personally identifiable information.

2.0 Intellectual Property

The Site, and all information and/or content that can be seen, heard, or otherwise experienced on the Site, including without limitation all reports, text, video, graphics, audio, and other materials (collectively, the "Content") are protected by U.S. and international copyright, trademark, and other laws, and belong to Bark Avenue or to third parties.
You may use the Site and the Content solely for your personal and internal use. You may download, print and store portions of the Content that you select for such use. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. Bark Avenue reserves complete title and full intellectual property rights in any Content you download from the Site. You may not modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Site, except as expressly permitted by the Terms of Use. You may not mirror or frame the home page or any other pages of the Site on any other website or web page and may not connect links, including "deep links" to the Site. You may not use a robot, scraper, or other automated means of accessing the Site. You a prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

3.0 Disclaimer of Warranties

This Site is provided on an "as is" and "as available" basis. You agree to assume total responsibility and risk for your use of the site and the content and for evaluating the accuracy, completeness and usefulness of all content. Bark Avenue makes no express or implied warranties, representations, or endorsements whatsoever with respect to the site or the content. Bark Avenue expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with regard to the site, the service, and the content.

Bark Avenue does not warrant that the functions performed by the Site will be uninterrupted, timely, secure, or error-free, or that defects in the Site will be corrected. Bark Avenue does not warrant the accuracy or completeness of the Content, or that any errors in the Content will be corrected. The Site and the Content are provided "with all faults," on an "as is" and "as available" basis.

4.0 Limitation of Liability

To the greatest extent permitted by applicable law, Bark Avenue will not be liable for any loss or damage arising either directly or indirectly from any use or inability to use the Site or the Content. You understand and agree that under no circumstances will Bark Avenue be liable for any damages whatsoever, including, but not limited to: (I) any direct, indirect, incidental, consequential, or exemplary damages arising out of the use of or the inability to use the Site or the Content, (II) any claim attributable to errors, omissions, or other inaccuracies in the Site or the Content, (III) unauthorized access to or alteration of your transmissions or data, (IV) statements or conduct of any third party on the Site or the service, or (V) any other matter relating to the Site or the Content, even if Bark Avenue has been advised of the possibility of such damages.

If you are dissatisfied with the Site, the Content, or the Terms of Use, your sole and exclusive remedy is to discontinue using the Site.

5.0 User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others and otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of Bark Avenue or any third party.

6.0 User Supplied Information

If you supply any information or material to the Site, you guarantee to us that you have the legal right to supply or post such material and that it will not violate any law or the rights of any person or entity. By supplying such material to the Site, you give Bark Avenue royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

7.0 Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Bark Avenue, its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.

8.0 Third Party Links

Hypertext links to third party websites or information do not constitute or imply the endorsement, sponsorship or recommendation by Bark Avenue of the third party, the third-party website, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that Bark Avenue is not responsible or liable for, any such website or the content therein. You need to make your own decisions regarding your interactions or communications with any other website. Further, you should consult the privacy statements or policies posted on third party sites to determine how your personal information, if provided by you, may be utilized by the proprietors of those third party sites. Bark Avenue disclaims any and all responsibility and liability for the collection and transfer of information collected by such other third party websites.

9.1 Enforcement/Choice of Law/Choice of Forum

Every provision of these Terms of Use will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms of Use so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent so held, be deemed severed from these Terms of Use, and all other provisions will remain in full force and effect. Any and all disputes relating to these Terms of Use, the Site, your use thereof, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. Any Dispute will be venued in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

9.2 Entire Agreement/No Waiver

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Bark Avenue of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

9.3 Correction of Errors or Inaccuracies

The Content may contain typographical errors or other errors or inaccuracies and may not be correct or current. Bark Avenue reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Bark Avenue does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

10.0 Questions or Additional Information

If you have any questions regarding these Terms of Use or with to obtain additional information, please e-mail or sent a letter via U.S. mail to: 14001 Grand Avenue, Burnsville, MN 55337

Date of Last Modification: December 1, 2013