Terms & Conditions
Welcome to our online store! MACELLUM, LLC and its associates provide their services to you subject to the following Terms and Conditions. If you visit or shop within this website, you accept these Terms and Conditions. Please read them carefully.
Privacy & Other Policies
When you visit MACELLUM, LLC or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MACELLUM, LLC or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of MACELLUM, LLC, with copyright authorship for this collection by MACELLUM, LLC, and protected by international copyright laws.
MACELLUM, LLCs trademarks and trade dress may not be used in connection with any product or service that is not MACELLUM, LLCs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MACELLUM, LLC. All other trademarks not owned by MACELLUM, LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MACELLUM, LLC or its subsidiaries.
License and Site Access
MACELLUM, LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MACELLUM, LLC. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MACELLUM, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MACELLUM, LLC and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing MACELLUM, LLCs name or trademarks without the express written consent of MACELLUM, LLC. Any unauthorized use terminates the permission or license granted by MACELLUM, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MACELLUM, LLC so long as the link does not portray MACELLUM, LLC, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MACELLUM, LLC logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Membership Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. MACELLUM, LLC and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Emails, and Other Content
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MACELLUM, LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant MACELLUM, LLC and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MACELLUM, LLC and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify MACELLUM, LLC or its associates for all claims resulting from content you supply. MACELLUM, LLC has the right but not the obligation to monitor and edit or remove any activity or content. MACELLUM, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from MACELLUM, LLC are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
MACELLUM, LLC and its associates attempt to be as accurate as possible. However, MACELLUM, LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by MACELLUM, LLC itself is not as described, your sole remedy is to return it in unused condition. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY MACELLUM, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. MACELLUM, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MACELLUM, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MACELLUM, LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MACELLUM, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MACELLUM, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
MACELLUM, LLC expressly disclaims and in no event shall be liable or responsible for any indirect, incidental, consequential, special or punitive damages, including but not limited to damages to person, pet and property, damages for loss of use, time,profits, and/or income and/or any damages arising from the purchase or use of these product by the buyer and/or any 3rd-party regardless of the theory of liability (e.g. contract, negligence, strict liability, etc.)
By visiting MACELLUM, LLC, you agree that the laws of the state of DELAWARE, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and MACELLUM, LLC or its associates.
Any dispute relating in any way to your visit to MACELLUM, LLC (barketshop.com) or to products you purchase through MACELLUM, LLC shall be submitted to confidential arbitration in DELAWARE, USA, except that, to the extent you have in any manner violated or threatened to violate MACELLUM, LLCs intellectual property rights, MACELLUM, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of DELAWARE, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to MACELLUM, LLC. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
MACELLUM, LLC ("us", "we", or "our") operates the http://www.barketshop.com website (the "Service").
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, billing and delivery address, credit/debit card number, other information ("Personal Information"). We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services.
We collect information that your browser sends whenever you visit our Service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.
If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.
Do Not Track Disclosure
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Compliance With Laws
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.
However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there.
Links To Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 ("Children").
We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children under age 13 without verification of parental consent, we take steps to remove that information from our servers.