Terms and Conditions:

Last Updated: 12/7/2021.

AGREEMENT TO TERMS OF USE AND CONDITIONS

These Terms of Use are a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Chewbarka, Inc. (“Company,” “We,” “Us,” or “Our”), concerning your access to and use of the www.chewbarka.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESES TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

Supplemental Terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have excepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction in our country whereas the discussion or use would be contrary to the law or regulation which would subject us to any registration requirement within such a jurisdiction or country accordingly, those persons who choose to access the Site from any location do so on their own initiative and are solely responsible for compliance with local laws, to the extent local laws are applicable. 

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is a proprietary property in all source code, databases, functionality, software, website designs, audio, video, tax, photographs, and graphics on the Site (collectively the “Content”) and the trademark marks, service marks and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, United States international copyright laws and international conventions. The Content in the Marks are provided on the Site as-is for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggravated, republished, uploaded, posted, publicly displayed, or coded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site to download or print a copy of any portion of the Content to which you had properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in the Site, the Contact and the Marks.

 

USER REPRESENTATIONS 

By using the Site, you represent and warrant that: (1) you have the legal capacity in which you agree to comply with the Terms of Use (2) you are not a minor in the jurisdiction wish you reside (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise (4) you will not use the Site for any illegal or unauthorized purposes and (5) your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any or all future use of the Site (or any portion thereof).

 

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we made the Site available. 

As a user of the Site, you agree not to: 

1. Systematically retrieve data or other content from the Site to create, compile directly or indirectly, a collection, compilation, database, or directory without permission from us.

2. Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.

3. Circumvent, disable, or otherwise interfere with security related features on the Site, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Site and or Content contained therein. 

4. Disparage, tarnish, or otherwise harm, in our opinion, the Site.

5. Use any information from the Site to harass, abuse, or harm another person.

6. Make improper use of our support services or submit false reports of abuse or misconduct.

7. Use the Site in a manner inconsistent with any applicable laws or regulations.

8. Engage in unauthorized framing of or linking to the Site. 

9. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spam (continuous posting of repetitive text), that interferes with any party's use and enjoyment of the Site or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation, or maintenance of the Site, the Application Suite, and the Smart Contracts.

10. Interfere with, destruct, or create an undue burden on the Site or the networks or services connected to the Site. 

11. Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Site to you. 

12. Attempt to bypass any measures of the Site designed to prevent or restrict  access to the Site, or a portion of the Site.

13. Copy or adapt the Site software, including but not limited to flash, PHP, HTML, JavaScript or other code.

14. Except as permitted by applicable law, decipher, compile, disassemble, or reverse engineer any other software comprising or in any way making a part of the Site. 

15. Except as may be a result of a standard search engine or Internet browser use, use, launch, develop, or distribute any automated system, including with all limitation, any spider, robot, she utility, scrapper, or off-line reader that accesses the Site, or using or launching by any unauthorized script or other software.

16. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or create a user account by automated means or under false pretenses.

22. Use the Site as any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. 

 

SITE MANAGEMENT 

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2)  Take appropriate legal action against anyone who, in our sole discretion, violates the Terms of Use or law, including without limitation, reporting such a user to law-enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable to the extent of technological feasibility any of your contributions or any portion of the Site thereof; (4) in our sole discretion without limitation, notice, or liability, to remove the Site or otherwise disable all files in contact that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights in property and to facilitate the proper functioning of the Site. 

 

TERM AND TERMINATION 

These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to it and the use of the Site including blocking certain IP address as to any person for any reason for no reason, including without limitation or breach of any representation, warranty, or covenant contained in these Terms if you saw any applicable law or regulation. We may terminate your use or participation in the Site or delete any contact information that you may post any time without warning, at our sole discretion. 

 

If we terminate or suspend your account for any reason, you are prohibited from requesting or creating a new account under your name, a fake or borrowed name, or the name of any third-party, even if you are acting on behalf of a third-party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole  discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable for you or any third-party for any new modification, price change, suspension, or discontinuance of the Site. 

We cannot guarantee the Site will be available at all times. We may experience hardware, software, other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Site during the downtime or discontinuance on the Site or commerce outside of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or leases in connection therewith. 

GOVERNING LAW

These Terms shall be governed by and defined following the laws of the United States of America, Rhode Island, and your irrevocable consensus that the courts of the United States shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms. There will be no arbitration, only litigation. 

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Site at any time, without prior notice. 

DISCLAIMER

This Site is provided on an as-is and as available basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site content or the content of any website link to the Site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of the content materials (2) personal injury or property damage of any nature whatsoever, resulting from your access to and use of the Site, (3) any unauthorized access to or use of our secure servers and or any of the personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third-party, and/or (6) any errors or omissions in any content in materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, insure, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third-party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages residing from your use of the Site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of action, will be limited to the lesser of the amount paid, by you or to Chewbarka, Inc. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of any certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights. 

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, vendors, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including attorney’s fees and expenses, made by any third party due to or arising out of (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense in control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing to perform to the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all your data that you transmit or relate to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement such that communication can be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or attention of non electronic records, or to payments or the granting of credits by any means other than electronic means. 

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to Site constitute the entire agreement of any understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use does not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, unforeseeable, that a provision or part of the provision is deemed severable from these Terms of Use it does not affect the validity or enforcement of any other remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defense as you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. 

ACCEPTED FORMS OF PAYMENT

We accept the following forms of payment:

• VISA

• MASTERCARD

• AMERICAN EXPRESS

• DISCOVER

• ANY OTHER STRIPE.COM SUPPORTED CARD BRANDS

• Check* 

• Bank Transfer (ACH or Wire Transfer)* 

*If you would like to pay with a Bank Transfer or Check, please contact us separately.

All customers are invoiced by default DUE ON RECEIPT. 

Contacting us:

If you have any questions, concerns, or complaints regarding this privacy policy, we encourage you to contact us using the details below:

• Email customer service: Team@chewbarka.com

• Call customer service: 401-464-9911