Terms and Conditions
TERMS AND CONDITIONS
Last Updated on February 1, 2021.
Welcome to WYLD1™. These Terms and Conditions apply to the WYLD1™ website located at www.wyld1.com and all other sites, mobile sites, services, applications, platforms and tools where these Terms & Conditions appear or are linked (collectively, the "Site"). As used in these Terms & Conditions, "WYLD1", "us" or "we" refers to WYLD1 LLC and its subsidiaries and affiliates. Use of the Site, registering as a member on the Site ("Member"), or executing a transaction on the Site all constitute unconditional acceptance of these Terms and Conditions.
WYLD1, in our sole discretion, reserves the right to change or modify these Terms and Conditions, at any time. Your continued use of the Site following the posting of changes will constitute agreement to the changes.
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS & CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS AND CONDITIONS.
Use of the Site
Notwithstanding any other rights or restrictions in these Terms and Conditions, you may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of WYLD1; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
The Sites are general purpose sites and are not targeted towards children under the age of thirteen (13). By accessing or using the Sites, including by registering an account on a Site, you represent and warrant that you are eighteen (18) years of age or older (or age of majority if higher in your place of residence) and are not a resident of or located in the European Economic Area or any other country subject to the GDPR. If you are under the age of eighteen (18) or age of majority if higher in your place of residence, you should use the Sites only with the involvement of a parent or guardian. Subject to your compliance with these Terms, We grant you a personal, non-exclusive, non-transferrable, limited privilege to access and use the Sites solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of the Sites. We may revoke your access and use of a Site at any time (including if you violate these Terms), and nothing herein constitutes a representation that the Sites will be available to you for your access or use.
Additional Terms and Conditions
Additional terms and conditions may apply to specific portions of or products on the Site or your membership, which terms are made part of these Terms and Conditions by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and Conditions and the terms posted or emailed for, or applicable to, a specific portion of or products on the Site or your membership, the latter terms shall control with respect to your use of that portion of the Site, the products or your membership.
Transactions and Payments. If you wish to purchase any product or service made available through the Site including items sold by WYLD1 (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to WYLD1 the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, content, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. WYLD1 reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
WYLD1 accepts the following form of payments: American Express, Visa, Apple Pay, Discover, Google Pay, Master Card, and Paypal. Payment methods on the Site are subject to change at any time without notice. You will be charged when your order ships. We place an initial authorization for the amount of the entire order when you place it. This is a temporary hold on funds that will automatically drop off within a few days. You can only use one credit/debit card per order
WYLD1 may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile phone or other similar device.
Accounts. You may be required to create an account to access or use certain areas of a Site or you may elect to create an account and become a Member. If you choose to create an account or become a Member, you are responsible for maintaining the confidentiality of your account and information (including your username and password information), and also for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify Us immediately of any unauthorized access or use of your account or password, or any other breach of security.
As a Member, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Site's registration form. Membership is void where prohibited by law. We reserve the right, including if We become aware that you are under the age of eighteen (18) (or age of majority if higher in your place of residence), to terminate your account or registration, at any time. We do not sell products or services to children and do not permit children to have accounts. We sell products and services to adults, who can purchase items with a credit card or other payment method. If you are under the age of eighteen (18)(or age of majority if higher in your place of residence), you may not have an account and you may use the Sites only with the involvement of a parent or guardian.
Should We determine that your account information may be compromised due to your personal device being infected with a virus, malware, other malicious code, or due to other theft of your account information, We reserve the right to invalidate, delete, or otherwise modify your account in order to protect your account, the accounts of account holders, and other WYLD1 systems from further damage or exposure. This may include proactively changing your password. Should this need arise, We will make reasonable efforts to inform you of any modifications made, via the email address listed for your account.
Posting. You agree to abide by the following rules when posting material on the Site. You are solely responsible for any statements that are posted using your account; You will not post or upload any material or links to material (including, but not limited to text, content, photos, video, animation, graphics, audio, or software) that is libelous, harassing, or disruptive, that violates any applicable law, or that would constitute grounds for civil or criminal liability; You will not post advertisements, chain letters, charity requests, petitions for signatures, or any solicitation of other users that is inappropriate; You will not violate, misappropriate, or infringe on, the rights of third parties, including, copyright, trademark, trade secret, privacy, personality, publicity, or other intellectual property or proprietary rights; you acknowledge that any materials you upload are, and will be treated as, non-confidential and non-proprietary; and you represent that you have the right to post all materials that you post on the Site and the right to permit downloading of all such materials by other users for personal use; and We reserve the right, but are not obligated, to remove or modify any material posted to the Site in violation of these Terms and Conditions or at our discretion.
UNDER NO CIRCUMSTANCE SHALL ANY DISCLOSURE OF ANY MEMBER CONTENT TO WYLD1 BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. YOU REPRESENT AND WARRANT TO WYLD1 THAT WYLD1 IS FREE TO USE THE CONTENT, AND IMPLEMENT ANY SUGGESTIONS CONTAINED THEREIN, IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY WYLD1, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY AND WITHOUT ANY COMPENSATION TO YOU.
If you encounter materials on the Site that you believe do not abide by these rules, please contact us directly by clicking on this electronic e-mail link: email@example.com
Contribution. By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to us through our suggestion or feedback web pages, by email or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) WYLD1 is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) WLD1 shall be entitled to use or disclose (or not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) WYLD1 may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of WYLD1 without any obligation of WYLD1 to you; and (f) you are not entitled to any compensation or reimbursement of any kind from WYLD1 in connection with the Contributions under any circumstances.
Returns. If you are not fully satisfied with your purchase of items sold by WYLD1, you may return it in accordance with WYLD1’s Return Policy.
Refunds. Items that have been returned will be refunded in the form of: (A) a credit card refund OR (B) a merchandise credit (a "Merchandise Credit") at the original purchase price, plus applicable sales tax, and, if applicable, the return shipping charges will be deducted from the amount of the Merchandise Credit. Merchandise Credit is not transferable and may not be combined with Merchandise Credit belonging to others. At no time may you purchase, sell or barter any Merchandise Credit. Merchandise Credit is not redeemable for cash, unless required by law. The obligations represented by outstanding Merchandise Credit may at any time be assigned to and assumed by any affiliate of, or successor to, the present or any future owner of the WYLD1 website, or any third party under contract with such present or future owner. You, as a Member, expressly consent to and authorize any such future assignment and assumption of outstanding Merchandise Credit obligations, and you agree to look solely to such assignee in the event of any such transfer.
Balances. Any credit balance (including a Reward balance and/or Merchandise Credit) will be automatically applied to your next purchase from the Site and the order of redemption of such credits will be determined by WYLD1. To the extent your credits exceed the amount of your total purchase, the excess credit balance will remain in your account to be applied to your next purchase, subject to the foregoing terms and conditions. If your account and/or membership is terminated for any reason, any credit balances in your account may be cancelled, except as prohibited by law. Account balances are determined by WYLD1 and such determination is final.
Orders. Orders can only be shipped to an address which we are able to verify independently. To avoid delays, please ensure that your billing address matches the address on your card statement, and that the cardholder's name is written as it appears on the card. We do not deliver to forwarding addresses.
Resale. Orders placed for the purpose of resale are not permitted and will be cancelled at our discretion.
Taxes. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Site. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Shipping; Risk of Loss. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Site, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
Limited Warranty for WYLD1 Products. Certain of the products sold via our Site are manufactured by or for WYLD1 (“WYLD1 Products”) and may be subject to a limited warranty provided by WYLD1. If your WYLD1 Product is subject to a limited warranty, the limited warranty for your WYLD1 Product outlines your exclusive remedies and the procedures to make a warranty claim. If your WYLD1 Product is sold without a limited warranty, then it is sold “as is” and “with all faults.” That means that you bear the entire risk as to the quality and performance of the WYLD1 product, and if the WYLD1 Product has a defect, then you assume the entire cost of any necessary repair or replacement.
Other Products Warranties and Remedies. Many of the products sold via the Site are manufactured by other companies. The manufacturer may offer its own warranty, but unless otherwise stated on the product page, WYLD1 does not offer a warranty on those products. That means they are sold by WYLD1 “as is” and “with all faults.” If the manufacturer offers a limited warranty for the product, it can usually be found on the manufacturer’s website or with the product packaging. For any product sold via the Site other than a WYLD1 Product, you agree that your remedy is solely with the product manufacturer and not WYLD1.
Third Party Website Links
WYLD1 site may contain links to and/or functionality interacting with third party sites that are not owned, operated or controlled by WYLD1. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by WYLD1. If you use these links, you will leave the Site. We are not responsible for any content, materials or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials or other information located or accessible from such sites; or any results that you may obtain from using such sites. We also do not guarantee that links and/or functionality provided by third parties will be available or error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.
WYLD1 HAS NO CONTROL OVER, AND ACCEPTS NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR THIRD PARTY WEBSITES. IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
All content included on the Site such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively "Content") is owned or licensed property of WYLD1 or its suppliers or licensors (as defined herein), and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of WYLD1 and protected by U.S. and international copyright laws. WYLD1 and its suppliers and licensors, expressly reserve all intellectual property rights in all Content.
Use of the content and materials for any purpose not expressly permitted in these Terms and Conditions is prohibited. WYLD1 relies upon a network of independent vendors who supply some of the goods and services advertised on the Site and, in some cases, drop ship them directly to you. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors.
Accuracy of Content; Limitations on Quantity.
The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event, promotion, or activity at any time without notice (including after an order has been submitted and/or acknowledged). The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available. If a product offered by us is not as described, your sole remedy is to return it subject to the terms of our return policy.
WYLD1 respects the intellectual property of others, and we ask our users to do the same. WYLD1 may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide WYLD1 with the following information: 1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2) a description of the copyrighted work or other intellectual property that you claim has been infringed; 3) a description of where the material that you claim is infringing is located on the site; 4) your address, telephone number, and email address; 5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: 5763 Arapahoe Ave., Unit N, Boulder, CO 80303
By visiting this Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Colorado, without giving effect to any conflict of law provisions, shall govern any proceeding that occurs in arbitration. In the event any claim is found not to be arbitrable, normal choice-of-law rules shall apply to any proceeding brought in state or federal court.
WYLD1 is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to use of the Site, or to any act or omission by Members of the Site, by WYLD1 or by any third party or by any of the equipment or programming associated with or utilized by the Site. Any content submitted by our vendors does not necessarily reflect the opinions or policies of WYLD1. WYLD1 assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any Posting or other communications. WYLD1 is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to your or other person's computer related to or resulting from participation on or through the Site.
THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE, AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WYLD1 DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WYLDd OR ITS EMPLOYEES, MEMBERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WYLD1 HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, WYLD1 OR ITS EMPLOYEES, MEMBERS, DIRECTORS, OFFICERS OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF WYLD1’S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND WYLD1. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WYLD1. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
Color and Style
We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color or style will be accurate.
WYLD1 makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Risk of Loss
The items purchased from our Site are shipped by a third party carrier. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
Indemnity and Defense
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless WYLD1 and its respective employees, directors, members, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.
Unavailability of Site; Termination; Fraud
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. In addition, the Site may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site or your account or membership, for any reason, including without limitation, breach of these Terms and Conditions. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms and Conditions or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
YOU AND WYLD1 AGREE THAT IN THE EVENT OF ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE SITE, OR THE BREACH, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THESE TERMS & CONDITIONS, SUCH CLAIM, DISPUTE OR CONTROVERSY WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS & CONDITIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT AND USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS, BUT ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. NOTWITHSTANDING THE FOREGOING: (I) IN LIEU OF ARBITRATION, EITHER YOU OR WYLD1 CAN BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IN THE UNITED STATES OF AMERICA CONSISTENT WITH ANY APPLICABLE JURISDICTIONAL AND MONETARY LIMITS THAT MAY APPLY, PROVIDED THAT IT IS BROUGHT AND MAINTAINED AS AN INDIVIDUAL CLAIM; AND (II) YOU AGREE THAT YOU OR WYLD1 MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
If you intend to seek arbitration you must first send written notice (“Notice”), by first class or certified mail, to WYLD1 Legal Inquiry, 5763 Arapahoe Ave., Unit N, BOULDER, CO 80303. If WYLD1 intends to seek arbitration, WYLD1 will send Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within thirty (30) days from the receipt of the Notice, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the American Arbitration Association (AAA) site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to WYLD1 Legal Inquiry, 5763 Arapahoe Ave., Unit N, CO 80308, and WYLD1 will send such copy to the current billing address on your account.
The arbitration will be conducted under the then current rules of the AAA. The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be conducted in accordance with the rules of the AAA.
For claims of $100,000 (US Dollars) or less, WYLD1 will pay all filing, administration, and arbitrator fees (collectively, “Filing Fees”) unless the arbitrator determines that your claim is frivolous. In the event that an arbitrator determines that your claim is frivolous, you must reimburse WYLD1 for all fees associated with the arbitration paid by WYLD1 on your behalf that you would have otherwise been obligated to pay in accordance with the rules of the AAA. For claims over $100,000 (US Dollars), you will be responsible for the Filing Fees. WYLD1 waives its right to seek attorney’ fees and costs in arbitration.
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE FEDERAL ARBITRATION ACT (FAA), THE APPLICABLE LAWS OF THE UNITED STATES OF AMERICA, AND THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO COLORADO’S CHOICE OF LAW PRINCIPLES. UNLESS YOU AND WYLD1 AGREE OTHERWISE, IN THE EVENT THAT IT IS DETERMINED OR THESE TERMS & CONDITIONS PROVIDE THAT A CLAIM SHOULD NOT PROCEED THROUGH ARBITRATION, YOU AGREE THAT ANY CLAIM OR DISPUTE (WITH THE EXCEPTION OF A CLAIM OR DISPUTE APPROPRIATELY LODGED IN ANY SMALL CLAIMS COURT IN THE UNITED STATES OF AMERICA) SHALL BE RESOLVED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO FOR ANY SUCH CLAIM, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF COLORADO LOCATED IN BOULDER COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. YOU AND WYLD BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.
THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS DISPUTES SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND, (2) EXCEPT FOR NEW JERSEY RESIDENTS AND WHERE OTHERWISE PROHIBITED BY LAW, ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. WYLD1 reserves the right to investigate and take appropriate legal action against anyone who, in WYLD1's sole discretion, engages in any of the prohibited activities.
Prohibited activities include, but are not limited to, the following:
- Using the Site for any purpose in violation of local, state, or federal laws or regulations;
- Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by WYLD1 in its sole discretion or pursuant to local community standards;
- Harassing, threatening, stalking, or abusing any person;
- Posting Content that constitutes cyber-bullying, as determined by WYLD1 in its sole discretion;
- Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
- Posting telephone numbers, street addresses, or last names of any person;
- Posting URLs to external websites or any form of HTML or programming code;
- Impersonating another person when posting Content;
- Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting anything that may be "spam," as determined by WYLD1 in its sole discretion;
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of WYLD1, exposes WYLD1 or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
- Encouraging other people to engage in any prohibited activities as described herein.
WYLD1 reserves the right, but is not obligated, to do any or all of the following:
- Monitor, edit, or disclose any Content on the Site; and
- Edit or delete any Content posted on the Site, regardless of whether such Content violates these standards.
A printed version of these Terms shall be admissible in judicial and administrative proceedings and in arbitration proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Waiver and Severability
No waiver by either party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to firstname.lastname@example.org. You may also contact us by writing to WYLD1 Legal Inquiry, 5763 Arapahoe Ave., Unit N, BOULDER, CO 80303. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Notices & Electronic Communications
Except as explicitly stated otherwise, any notices you send to WYLD1 shall be sent by mail to WYLD1 Legal Inquiry, 5763 Arapahoe Ave., Unit N, BOULDER, CO 80308. In the case of notices WYLD1 sends to you, you consent to receive notices and other communications by WYLD1 posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that WYLD1 provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.