TERMS OF SERVICE

Last Updated April 2026

Welcome to the Boarderie website available at www.boarderie.com (the “Site”). These Terms of Service (“Terms” or “Agreement”) govern the use of the Site, as well as other related webpages, applications, products and services accessible through the Site (collectively the “Services”) operated by Boarderie, and its related, affiliated or subsidiary companies (“Boarderie”). Throughout the Site and these Terms, the terms “we”, “us” and “our” refer to Boarderie. When we refer to “you” or “your” in these Terms we mean any individual who interacts or uses our Services.

By registering for, accessing, visiting, or using our Services you agree to be bound by and comply with these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES. THEY AFFECT YOUR LEGAL RIGHTS AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR ARBITRATION. ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS, YOUR USE OF THE SERVICES, OR ANY RELATIONSHIP BETWEEN THE PARTIES SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS, THEN YOU MAY NOT ACCESS THE SITE OR USE ANY SERVICES.

SECTION 1 – LICENSE AND RESTRICTIONS

Personal, Non-Commercial Limited License. Subject to the terms of this Agreement, Boarderie grants you a limited, revocable, non-transferable, non-exclusive license to use the Services for your personal, noncommercial use.

Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive service; (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) your use of the Services shall at all times comply with all applicable laws and regulations. Commercial use of any content on the Services or the resale of any products purchased through the Services is strictly prohibited.  Any future release, update, or other addition to functionality of the Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies thereof.

Technological Restrictions. In addition, you agree not to use the Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or Boarderie or gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Services; or (g) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services.

Modification. Boarderie reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Boarderie will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

SECTION 2 - ACCOUNTS AND ELIGIBILITY

Account Creation. In order to use certain features of the Services, you must register for an account with us (“Boarderie Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times. You may not create more than one Boarderie Account. Boarderie may suspend or terminate your Boarderie Account in accordance with Sections 4 and 16.

Account Responsibilities. When you register, you will be asked to create a confidential username and password. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your Boarderie Account. Boarderie is not liable for any harm related to the theft of your access credentials, your disclosure of access credentials, or your decision to allow another person or entity to access and use the Services using your access credentials. Each user is only permitted to register for one account. You agree not to register for multiple accounts with Boarderie unless Boarderie has explicitly authorized you in writing to do so.

Eligibility. You must be 18 years of age to use the Services within the United States.

SECTION 3 - USER CONTENT

User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Services, including without limitation, content in the user’s profile, user reviews and/or postings. You acknowledge and agree that Boarderie is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Boarderie does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. 

User Content Restrictions. You agree not to use the Services, or any of Boarderie’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.

User Content Responsibilities. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third-party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Boarderie. You acknowledge and agree that Boarderie is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Boarderie does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. Because you alone are responsible for your User Content (and not Boarderie), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. Boarderie is not obligated to backup any User Content and You are solely responsible for creating backup copies of your User Content, if you desire.

Right to Remove Content.  You agree that Boarderie has the right to remove any content, including User Content, from the Services at any time, with or without cause.  Posting and sharing content on the Services is a privilege and not a right.  Boarderie also has the right to refuse, move, or block access to any material submitted on or through the Services, and to establish general practices and limits concerning use of the Services.  The decision of whether or not to remove content from the Services is within Boarderie’s sole and complete discretion.  Boarderie has no obligations, contractual or otherwise, to take or refrain from taking any action.  Under no circumstances will Boarderie be liable for removing or failing to remove any content.

License. You hereby grant, and you represent and warrant that you have the right to grant, to Boarderie an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Feedback. If you provide Boarderie any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Boarderie all rights in the Feedback and agree that Boarderie shall have the right to use such Feedback and related information in any manner it deems appropriate. Boarderie will treat any Feedback you provide to Boarderie as non-confidential and non-proprietary. You agree that you will not submit to Boarderie any information or ideas that you consider to be confidential or proprietary. 

SECTION 4 -ACCEPTABLE USE POLICY.

Reviews. You must have a valid account and email address to leave a review on Boarderie. You agree not to post reviews on the Services, any of Boarderie’s social media pages, or other third party channels that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users on the Services with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Services, any of Boarderie’s social media pages, or other third party channels must not: (a) be written exclusively in capital letters; (b) be plagiarized; (c) contain spam, advertisements, and/or links to external websites; (d) contain disparaging information about Boarderie, its employees, or any other person, (e) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals affiliated with Boarderie, (f) contain references to Boarderie or its competitors other than the product being reviewed, or (g) contain unrelated personal grievances. If you are an owner, volunteer, or employee of a competitor you may not post reviews about your own services or products.

Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Boarderie Account in accordance with Section 16, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.

SECTION 5 - SALES TERMS

Acceptance and Reservation of Rights.  All orders are subject to acceptance by Boarderie and we reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right to limit the sales of our products or Services to any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or Services that we offer.

Prices and Payment. We aim to ensure that prices provided on our Site are correct and up-to-date. From time to time, however, prices for certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to us by a third party. In the event of such a case, notwithstanding anything to the contrary, we reserve the right to cancel the order without any further liability or notice to you at our sole discretion, which will be conclusive and binding. Subject to the foregoing, the price displayed at the time of ordering a product through our Site shall be the price charged at the time of delivery. All products prices, shipping charges, and service charges are subject to change without notice. Prices do not include any taxes or charges for shipping and handling.

Terms of Sale and Shipping.  Unless otherwise stated or required by law, the following terms shall also apply to all products purchased through the Services.  Boarderie will ship or deliver the products to the destination provided by you, as soon as reasonably practicable.  Boarderie reserves the right to fill orders on a pro rata basis if inventory shortages arise.  Risk of loss and title all goods passes to you upon our delivery to our contracted shipping agent.  Products purchased from the Services are for your personal use and not subject to commercial resale. 

All delivery dates provided are best estimates based on prevailing conditions when given and Boarderie will not liable if it fails to meet any estimated delivery dates.  Boarderie cannot guarantee the exact time of delivery because the local carrier is ultimately responsible for that. We advise placing your purchase early and scheduling it to arrive two or more days in advance if you are placing it for an event that has a tight deadline. We might ship your order early to guarantee that it arrives undamaged in the event of high package volumes (particularly during holidays) or other unforeseen circumstances. Boarderie Collection retains the right, depending on operational circumstances, to arrange the shipment of your purchase sooner or later than anticipated in order to avoid delays.  We also reserve the right to hold your shipment because of inclement weather or any other shipping related delays. 

Boarderie disclaims all liability for delays in transit resulting from excessive package volume, inclement weather, mechanical malfunctions, strikes, natural disasters, terrorism, mis-scans by local carriers, or missing or inaccurate shipping information. Additionally, signatures are not needed to release a package. We have no control over a delivery person’s decision to leave a package at an address; that decision ultimately rests with them/carrier

No Returns and Refunds.  Because our products are perishable food items, all sales are final and we do not provide returns or exchanges.  We are aware that shipments can get damaged, and we'll try our best to fix that right away. Boarderie will replace damaged or missing items if we get notice within twenty-four (24) hours of delivery.  Please get in touch with our Customer Service Department at info-us@Boarderie.com and provide your order number, information, and images of any damage or defects.  All damage claims require photo documentation, according to our carrier partners. Reshipment may not be an option for claims filed without the necessary documentation.

Product Descriptions. We have make an effort to accurately display the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate and Boarderie does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

Sweepstakes and Promotions.  From time to time, Boarderie may provide opportunities to participate special promotions, contests, games and/or sweepstakes.  The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link displayed on the web page where the contest or game may be located.  By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures.  Please remember to read the rules carefully before participating.  Coupons and special promotions cannot be combined unless specifically authorized.

SECTION 6 - TRADEMARKS, COPYRIGHT AND PROPRIETARY RIGHTS.

The Boarderie names and logos are trademarks of Boarderie.  All other company names, logos, and trademarks mentioned herein are the property of their respective owners.  Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Boarderie name, logos, or trademarks without obtaining the written permission of Boarderie or such other third party owner, as applicable.  All content on the Services, including but not limited to designs, data and databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, proprietary information, client-side code (e.g. HTML, JavaScript, etc.) and server-side code (e.g. active server pages, VBScript, databases, etc.) and all copyrightable elements of the Services, and their selection and arrangement (the “Site Content”) individually and/or collectively, are the proprietary property of Boarderie and is protected by U.S. copyright law, international treaties and other intellectual property rights.  Except as otherwise stated therein, Site Content may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. §107), as amended, and then, only with notices of Boarderie’s proprietary rights, provided however, that you may download the information and print out hard copies for your own personal, noncommercial use, so long as you do not remove any copyright or other notice as may be contained in the information as downloaded.

SECTION 7 - COPYRIGHT COMPLAINTS

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that your copyrighted material has been copied in a way that constitutes copyright infringement, please contact Boarderie’s designated Copyright Agent at info@boarderie.com 

Attn: Legal Department and provide the following information:

·               Your physical or electronic signature;

·               Description of the copyrighted work(s) that you claim to have been infringed;

·               Description of the material on our services that you claim is infringing and that you request us to remove;

·               Sufficient information to permit us to locate such material;

·               Your address, telephone number, and e-mail address;

·               A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

·               A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. 

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Services may include materials from third-parties, and third-party links on this Site may direct you to third-party websites that are not affiliated with us (“Third-Party Materials” or “Third Party Sites” respectively). We are not responsible for examining or evaluating the Third Party Sites or Third-Party Materials for accuracy, appropriateness or completeness, and we do not warrant and will not have any liability or responsibility for any Third-Party Sites or Third-Party Materials, or for any other materials, products, or services of third-parties accessed through the Services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Sites. Inclusion of or linking to any Third Party Site or Third Party Materials does not imply approval or endorsement thereof by us. If you use any of the Third Party Materials or decide to leave the Services and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. In no event will Boarderie be liable for any loss, claim, damages, or costs that may arise concerning your use of or reliance on these materials. 

SECTION 9 - DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 10 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL BOARDERIE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

BOARDERIE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE HUNDRED US DOLLARS ($100) OR (B) AMOUNTS YOU’VE PAID BOARDERIE IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 11 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Boarderie and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, successors and assigns, harmless from any claim, demand, loss, liability, damages, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (i) your use or misuse of the Services, (ii) your User Content, (iii) breach of these Terms or the documents they incorporate by reference, or (iv) your violation of any law or the rights of a third-party.  Boarderie reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Boarderie. Boarderie will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

SECTION 12 – ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.

Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@Boarderie.com.

Arbitration Agreement.  Except for disputes brought in small claims court, all disputes between you and Boarderie arising out of, relating to or in connection with the Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for consumer arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms of Use are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.  The arbitrator’s award may be entered in any court of competent jurisdiction. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879.

Rules, Governing Law, Venue.  The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement.  The parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Delaware, without regard to its conflict of laws provisions.  If the arbitration in this Section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Delaware. You hereby accept the exclusive jurisdiction of such court for this purpose.

No Class Actions: You and Boarderie each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you agree to arbitrate in your individual capacity only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. 

BY ACCEPTING THE TERMS YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND ANY RIGHTS YOU MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE, CONSOLIDATED OR MASS ACTION BASIS.

SECTION 13 - TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to the Services or your relationship with Boarderie must be filed within one year after the claim arose; otherwise, your claim is permanently barred.

SECTION 14 - PRIVACY AND RELEASE

You acknowledge and agree that you have read, understand, and consent to the processing of your personal information as set forth in our Privacy Policy including, but not limited to, the use web traffic and website usage analytics and tracking technologies, such as cookies, pixel tags, and Java scripts. You acknowledge and agree that you do not have a reasonable expectation of privacy in connection with the use of analytics and tracking technologies or the collection and/or sharing of personal information by us or our third party advertising partners using these technologies. To the maximum extent permitted under applicable law, you hereby release with prejudice and discharge Boarderie from, and waive the assertion of, any and all claims, demands, and damages based on or arising out of Boarderie’s use of such analytics and tracking technologies in connection with your access to and/or usage of the Services. 

You hereby waive and relinquish the provisions, rights, and benefits, if any, of Section 1542 of the California Civil Code, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERM AND TERMINATION

Access and use of the Services, is expressly conditioned on your compliance with all relevant laws, regulations, contract obligations, and the Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Services (including your Boarderie Account) or (b) terminate this Agreement, at any time and for any reason whatsoever, at our sole and complete discretion. Upon termination of this Agreement, your Boarderie Account and right to access and use the Services will terminate immediately. You understand that any termination of your Boarderie Account involves deletion of your User Content associated therewith from our Services and live databases. Boarderie will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Boarderie Account or deletion of your User Content. Boarderie reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to Services. If Boarderie terminates your account, you will not create another account without our permission.

Notwithstanding the foregoing, any provision in this Agreement that by its nature should survive the termination of your license to access the Services or any termination of the Agreement (including, without limitation, provisions governing technology restrictions, sales terms, arbitration, indemnification, limitations on liability, disclaimers of warranty, privacy and release, and ownership of intellectual property) will continue to remain in full force and effect after any termination.

SECTION 17 - ENTIRE AGREEMENT AND OTHER LEGAL NOTICES

Waivers must be in writing and no waivers will be implied. The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement may not be transferred or assigned by you without Boarderie’s prior written consent. Boarderie may assign or transfer the Agreement to its affiliates or concerning a merger, sale, reorganization, or other change of control. Boarderie’s affiliates, contractors, and service providers may exercise Boarderie’s rights or fulfill its obligations under the Agreement. The Agreement and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.

SECTION 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms at any time without notice by posting updates and changes to our Services. Such changes will be effective as of the date that the updated Terms are posted on the Services (“Effective Date”). It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Services following the Effective Date, constitutes acceptance of those changes and your agreement to abide, and be bound by, the Terms as modified. If you do not accept the changes, your sole remedy is to cease all use of the Services.

SECTION 19 - CONTACT INFORMATION

Questions about the Terms should be sent to us at:

info@boarderie.com.
CheeseBoarder LLC, DBA Boarderie
1199 President Barack Obama Hwy, Riviera Beach FL 33404