Date of Last Revision: April 18, 2018
If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept the terms and conditions of this Agreement in your name and on your behalf.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
We continually test new features, functionalities, services, user interfaces and products that we are considering incorporating into our Services. We reserve the right to include or exclude you from these tests without notice.
You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires that you must be older than 13 to receive certain Services, then the minimum age is the legally defined one. If you are a minor, you may wish to consult your parents about what portions of the Services are appropriate for you. The right to access the Services is revoked where this Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
Use of the Site
The Services contain material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not, and will not induce any third party to: (a) use, copy or display the Content, including but not limited to use of framing or mirrors, except as permitted under this Agreement; or (b) use the Services in any way that (i) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (ii) is unlawful, fraudulent, or deceptive; (iii) uses technology or other means to access unauthorized content or non-public spaces; (iv) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (v) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (vi) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of Wildist or its third party service providers, by hacking, password “mining”, or any other illegal means; (vii) attempts to gain unauthorized access to Wildist user accounts; (viii) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (ix) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulation; (x) is unlawful or violates this Agreement in any manner; or (xi) fails to comply with applicable third-party terms and conditions or other third-party policies. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Services shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
The trademarks, service marks, illustrations and logos of Wildist (the “Wildist Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Wildist. Other company, product, and service names located on the Site or otherwise used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Wildist Trademarks, the “Trademarks”). Nothing on the Site, in the Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or otherwise used in connection with the Services without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any Wildist Trademark shall inure to our benefit.
You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site; (d) delete or alter any material we or any other person or entity posts on the Site; or (e) otherwise take any action in violation of our guidelines and policies.
Any information you submit to or provide through the Services might be publicly accessible, and you should protect important and private information. We are not liable for protection of privacy of email or other information transferred through the Internet or any other network that you may use.
The Services includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Wildist and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Wildist account information to ensure that your messages are not sent to the person that acquires your old number.
Third Party Sites
We may participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
With respect to the Submissions (as defined below), and any content or other materials you provide to or upload through the Site or the Services or share with other Site users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know if false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.
In addition, if you share any User Content with or on Wildist social media channels, including tagging the @wildproduct_co account, you acknowledge and agree that such User Content may be used in connection with the Site, Wildist’s kiosks, pop-up spaces, retail locations and email or on any sites Wildist owns and operates, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the User Content for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services.
By uploading any User Content you hereby grant and will grant Wildist and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the Services, the operation of the Site or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed, and including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Except where prohibited by applicable law, by submitting User Content through the Services, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content or any Submissions, photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint Wildist as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, own and protect the rights in any derivative works created from your User Content, and have the User Content removed from any other website or forum.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”) that you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.
You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Wildist, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Payments, Billing and Subscription Services
We do not process payments. Our store is hosted on Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our Products and services to you and your use of the Site and services of Shopify as may be designated from time to time is governed by Shopify’s policies. You authorize Shopify to store and continue billing your specified payment method (e.g., credit card) even after such payment method has expired, to facilitate easy payment for Products. All information that you provide us and/or Shopify in connection with a purchase or other monetary transaction interaction related to our Products must be accurate, complete, and current.
We strive to provide accurate pricing information regarding the Products available on the Site. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a Product whose price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email. The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you preorder these Products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order.
Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us when you submit your order. Once a purchase of our Products is made, you assume title and ownership of the Product(s).
Some of the Services that we offer, such as the subscription service, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. By choosing a recurring payment plan, you acknowledge that such services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT UPON SUCH NOTICE. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO WWW.WILDPRODUCT.CO.
All orders of Products must be for your personal use only. By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.
We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to return the item, as specified in this Agreement. We occasionally run promotions or provide limited-time offers for our Products. Please review the promotion or offer for eligibility and other terms and conditions. All other information with respect to the purchase of Products from the Site can be found on the Order Help Page located at www.wildproduct.co/faq including our policies on shipping and tax, billing, order acceptance, gift cards, and returns and exchanges.
Limitation of Liability and Disclaimer of Warranties
WILDIST, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “WILDIST PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE SITE’S ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE WILDIST PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SERVICES OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.
THE WILDIST PARTIES DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO WILDIST PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE WILDIST PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL ANY WILDIST PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH WILDIST PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00.
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE WILDIST PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IF YOU ARE A USER FROM NEW JERSEY, THIS SECTION IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
You agree to defend, indemnify, and hold harmless the Wildist Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Site, the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER
IMPORTANT—PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
Arbitration. This Arbitration Clause and Class Action Waiver section is referred to in this Agreement as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Wildist, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Wildist are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WILDIST AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WILDIST AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
Pre-Arbitration Dispute Resolution. Wildist is 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 firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Wildist should be sent to Wild Product Co., 55-C 9th St, Brooklyn, NY 11215, Attention: Legal (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Wildist and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Wildist may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Wildist or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Wildist is entitled.
Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Wildist and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
- 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.
- Future Changes. Notwithstanding any provision in this Agreement to the contrary, Wildist agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Wildist written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
- Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services or the Content at any time and for any reason without prior notice or liability, including the right to reject any order you place for the purchase of Products, which may result in the forfeiture and destruction of all information associated with your Account. We reserve the right to change, suspend, or discontinue all or any part of the Services or the Content at any time without prior notice or liability. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.
User Must Comply with Applicable Laws
You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national and international laws and regulations.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
U.S. Government Restricted Rights
The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Services or Content by the Government constitutes acknowledgement of our proprietary rights in the Services and Content.
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. Without waiving the foregoing arbitration clause, you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of New York in the State of New York. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Our failure to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Except as expressly agreed by us and you, this Agreement constitutes the entire agreement between us and you with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between us and you with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com.
Wildist is a Delaware corporation with its headquarters at 55-C 9th St, Brooklyn, NY 11215. You may contact us at the following address: 55-C 9th St, Brooklyn, NY 11215, or at the following email address: firstname.lastname@example.org.
Wildist Referral Program
Terms and Conditions
About the Referral Program (“RP”)
RP start date: XXXX at 12:01 am ET
RP end date: XXXX at 11:59 pm ET
The RP is sponsored by Wildist.
When a referrer (“Advocate”) informs a referee (“Friend”) about Wildist, such Advocate receives one (1) credit for each Friend that submits his, her or their email to the Wildist email list via such Advocate’s unique referral link (“Link”) as described below. Each Advocate will receive a reward coupon (“Reward”) based on the number of credits such Advocate accumulates before the end of the RP as described in the “Reward Details” section below.
How it Works
Each Advocate will be assigned a Link. Advocates can participate in the RP by sharing their Link via email (“RP Email”) or via Facebook or Twitter (“RP Post” and together with “RP Email”, “RP Share”). To share an RP Email, Advocates must copy and paste the Link in an email to Friend(s). To share an RP Post, Advocates must click on the Facebook and/or Twitter icon, which will post their unique referral link to their Facebook or Twitter profiles. We do not reuse or sell the names, social media handles or emails of Friends that the Advocate shares with us.
ANY RP SHARE MUST CLEARLY STATE THAT SUCH RP SHARE IS SPONSORED BY WILDIST (FOR EXAMPLE, BY USING THE HASHTAG #SPONSORED ON AN RP POST) AND THAT THE ADVOCATE WILL RECEIVE A REWARD IF THE FRIEND SUBSCRIBES TO THE WILDIST EMAIL LIST. Unfortunately, if the Advocate does not disclose this information, such Advocate may, at Wildist’s sole discretion, be deemed unable to participate in the current RP, future programs, and may be required to give up any credits acquired as a result of such Advocate’s participation in the RP.
In the event of a dispute regarding the identity of an Advocate, the Advocate will be deemed to be the Authorized email account holder associated with the email address used to register the Wildist account used to participate in the RP. “Authorized email account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
All credits for each Advocate will be totaled at the end of the RP, and each Advocate will receive the Reward that corresponds to the number of credits earned during the RP according to the list below. If an Advocate earns (a) more than 50 credits or (b) more credits for one Reward but not enough credits for the Reward in the next highest tier, in each case, such additional credits will be forfeited. Rewards are not cumulative; each Advocate is limited to one (1) Reward during the RP. By way of example, if an Advocated earns 30 credits, such Advocate will receive one (1) Reward at the 25 credit tier, and the 5 remaining credits will be forfeited.
If any Friend requests to remove their email from the Wildist email list prior to the end of the RP, the Advocate’s associated credit will be lost. A Reward cannot be combined with other promotional offers, and the Reward coupon code may not be used when using guest checkout. Reward coupon codes must be used within 12 months of receipt.
5 emails (5 credits) = 1 free tube (3.4oz) of Wildist Toothpaste (approximate retail value (“ARV”) of $7.00)
10 emails (10 credits) = 1 free tube (3.4oz) of Wildist Toothpaste AND 1 free stick (2.8oz) of Wildist Deodorant (ARV of $21.00)
25 emails (25 credits) = 3 free tubes (3.4oz each) of Wildist Toothpaste AND 3 free sticks (2.8oz each) of Wild Deodorant (ARV of $63.00)
50 emails (50 credits) = 12 free tubes (3.4oz each) of Wildist Toothpaste AND 12 free sticks (2.8oz each) of Wildist Deodorant (ARV of $252.00)
Reward credits are non-transferable and have no cash value. If the Advocate cancels their account, they lose any accumulated and unused Reward or credits. Rewards do not include taxes and shipping. Rewards may be redeemed when Wildist begins shipping products, which is on or about XXXX, 2018. Additional terms and conditions may apply, and features, pricing, fees, availability are subject to change without notice and at any time.
Each Advocate and each Friend have to be at least 18 years old and legal residents of the 50 U.S. States and D.C. in order to participate in the RP. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the RP, each participant accepts the conditions stated in these Terms and Conditions, agrees to be bound by the decisions of Wildist and warrants that s/he/they is eligible to participate in the RP. THE RP IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations. Credits and Rewards are subject to verification at Wildist’s sole discretion and are limited to credit on Wildist product only and subject to the terms and conditions set forth herein. Any participants (Advocates or Friends) that do not meet the eligibility requirements set forth herein will be disqualified at Wildist’s sole discretion and may be required to give up any credits acquired as a result of their participation in the RP.
Each Advocate and Friend agree that they are participating in the RP at their own risk and, to the fullest extent permitted under U.S. law, in no event will Wildist, Facebook or Twitter or their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”) be liable for any (i) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (ii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iii) any condition caused by events beyond the control of Wildist; (iii) any injuries, losses, or damages of any kind arising in connection with or as a result of a Reward, or acceptance, possession, or use of the Reward, or from participation in the RP; or (iv) any printing or typographical errors in any materials associated with the RP. Wildist reserves the right, in its sole discretion, to suspend, modify or cancel the RP should any unauthorized human intervention or other causes beyond Wildist’s control corrupt or affect the administration, security, fairness or proper conduct of the RP. In the event that proper administration of the RP is prevented by such causes as contemplated above, Wildist will provides Rewards to all eligible, non-suspect participants who participated prior to such action. By participating in the RP, participants agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the RP, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the RP, participation in the RP, the Rewards, and/or acceptance, possession, use or misuse of the Rewards, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity.
Copyright 2018 Wild Product Co. All rights reserved. Wild Product Co. and the associated logo are registered trademarks of Wild Product Co. The RP is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. You are providing your information to Wild Product Co. and not to Facebook or Twitter.