Agreement to Terms of Service
By using Wild Wills, you acknowledge that you have read and agree to be bound by these Terms of Service and all applicable laws and regulations. As provided below, by agreeing to the Terms of Service, you agree that any dispute arising from the use of Wild Wills materials and services will be decided by binding arbitration, in accordance with the terms and conditions provided below. In no case will disputes be decided by any court, jury trial or class action, other than the arbitration tribunal indicated below in the Terms of Service, unless an exception applies.
All information on this Site is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. Nothing on the Wild Wills Site should be construed as legal advice. The material posted on this Site is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and users should not act upon it without seeking professional legal counsel. The document and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our Site. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or reliance on the information from either.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCT, INFORMATION, OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.
Limitation of Liability
YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms and Conditions or your violation of any third-party right, including without limitation any trademark, copyright, or other proprietary or privacy right.
Dispute Resolution by Binding Arbitration
Please carefully read this part of the Terms of Service. It contains important information about how disputes, claims, and controversies in relation to the use of Wild Wills’ services shall be resolved. If you don't understand the extent of this provision, you should seek the opinion of an attorney.
It is our goal to resolve through negotiation any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, or to the use of Wild Wills’ services. In case we fail to reach a solution to the dispute, claim or controversy, you and Wild Wills agree to submit the dispute to binding arbitration, in accordance with the terms and conditions set forth below ("Arbitration Agreement''.)
Binding Arbitration and Rules: You and Wild Wills (individually the "Party," collectively the "Parties") agree that any controversy or claim arising out of or relating to these Terms of Service or Wild Wills’ website, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association ("AAA'') in accordance with its Commercial Arbitration Rules and Consumer Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. You can find the AAA arbitration rules and forms on their website: consumer arbitration rules, commercial arbitration rules, and consumer filing forms. The latest version of the linked AAA rules is as of July 1, 2016. You can also call AAA for further information on 1-800-778-7879. These Terms of Service may change the AAA rules expressly or by necessary implication. The Federal Arbitration Act shall govern the interpretation and applicability of this Arbitration Agreement. Further, You and Wild Wills agree that the United Nations Convention on Contracts is excluded and not applicable to this relation.
Arbitration Initiation: The Party initiating the proceedings must provide a written notice to the other Party in accordance with the AAA rules and You can find the AAA arbitration rules and forms on their website: consumer arbitration rules, commercial arbitration rules, and consumer filing form. If You initiate arbitration proceedings, the written notice must be addressed to 76 Albert Park Ln., San Rafael CA 94901.
Single Arbitrator: Claims shall be heard by a single arbitrator, unless both Parties expressly agree otherwise. The arbitrator will be selected by the parties from the AAA's roster of consumer dispute arbitrators, and if the Parties fail to agree on the arbitrator appointment the AAA rules will govern the arbitrator's choice.
Venue: You specifically consent to personal jurisdiction in California in connection with any dispute between you and Wild Wills arising out of these Terms of Service or pertaining to Wild Wills’ website.
Arbitrator Limitations: To the maximum permitted by law and coherent to these Terms of Service: (i) the arbitrator will have no authority to award punitive or other damages not measured by the prevailing Party's actual damages, except as may be required by statute; (ii) the arbitrator shall not award consequential damages in any arbitration initiated under this section; (iii) any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction on or direction to any Party other than the direction to pay a monetary amount.
Class Action, Jury and Bench Trial Waiver: You and Wild Wills hereby agree that in no circumstance any dispute, claim, or controversy between the Parties will be subject to a jury or bench trial in any court. Both Parties, therefore, renounce the right to jury trial. Furthermore, You and Wild Wills expressly waive any rights to join a class action, as a plaintiff or class member, and that unless both Parties expressly agree, the arbitrator will not be allowed to consolidate more than one person's claims in the arbitration proceedings.
Fees: Each Party has the responsibility to pay the filling fees, administrative expenses and arbitrator fees in accordance to the effective AAA rules.
Award: The award shall be rendered in accordance with the AAA rules timeframe. Any award: (i) will be limited to the parties in the dispute; (ii) will not affect third parties; (iii) will include findings and conclusions; (iv) will not be appealable; and (v) will be coherent to these Terms of Service.
Exceptions: You and Wild Wills retain the rights, however, to initiate proceedings in any court or tribunal in order to obtain injunctive or equitable relief to protect intellectual property rights, both actual and threatened. Further, each Party retains the right to initiate proceeding in small claims courts.
Miscellaneous: This Arbitration Agreement will be in full force and effect after the termination of these Terms of Service, meaning that they will continue to govern the dispute resolution for the Parties. Except as may be required by law, neither Party nor arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both Parties.
You specifically consent to personal jurisdiction in California in connection with any dispute between you and Wild Wills arising out of these Terms of Service or pertaining to Wild Wills’ website. You agree that the exclusive venue for any dispute between the parties will be in the state and federal courts in California.
Any claim, dispute, or controversy relating to the use of Wild Wills’ website shall be governed by the Arbitration Agreement immediately above. If a judicial proceeding is commenced, this claim, dispute, or controversy shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Wild Wills agree that the United Nations Convention on Contracts is excluded and not applicable to this relation.