Terms and Conditions
Rewilder Terms of Use
Last Updated: October 9, 2021
Overview
Eligibility to Use Rewilder’s Site and Services
Data Privacy
Description of the Site and Services
Your Use of the Site and Services
Restrictions and Requirements for Our Site and Services
Electronic Notifications
Assumption of Risk
Intellectual Property
Third Party Services and Websites
Suspension or Termination of Use
Disclaimer of Warranty
Limitation of Liability
Indemnification
Dispute Resolution
Governing Law and Forum for Dispute Resolution
California Consumer Rights Notice
Changes to These Terms of Service
Miscellaneous Terms
1. Overview
These Terms of Use describe Rewilder Foundation, Inc.’s terms that govern your use of our Services, including, but not limited to, our application to collect donations (https://app.rewilder.xyz/), our non-fungible tokens (“NFT” or “NFTs”) and the web interface, located at https://rewilder.xyz (“Site”) (collectively, the “Services”).
These Terms of Use (the “Terms”) are a binding contract between you and Rewilder Foundation, Inc. (“Rewilder”). As used in these Terms, “we”, “us”, or “our” also refers to Rewilder.
You must agree to and accept all of the Terms, or you do not have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in our Privacy Policy, and any other terms and conditions that Rewilder may reference or incorporate into these Terms from time to time.
THESE TERMS CONTAIN AN ARBITRATION PROVISION. BY AGREEING TO THESE TERMS, YOU AGREE AND UNDERSTAND THAT DISPUTES ARISING UNDER THESE TERMS SHALL BE SETTLED IN BINDING ARBITRATION. YOU ALSO AGREE AND UNDERSTAND THAT ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION LAWSUIT OR A JURY TRIAL.
You acknowledge and agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Rewilder, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Rewilder, and you do not have any authority of any kind to bind Rewilder in any respect whatsoever.
2. Eligibility to Use Rewilder’s Services
To access or use Rewilder’s Services, you must be able to form a legally binding contract with Rewilder. You therefore represent and warrant that you are of legal age to form a binding contract. If you accept these Terms, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. If you do not agree to these Terms, please do not use the Services.
In accordance with the federal Children's Online Privacy Protection Act of 1998 (COPPA), Rewilder will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our Privacy Policy for more information including how to notify Rewilder of any concerns in this regard.
You will only use the Services for your own personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.
If your use of the Services is prohibited by applicable laws or regulations, or if you are a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States or other countries, then you are not authorized to use the Services. If permits and licenses are required for you to use the Services, it is your responsibility to first obtain those prior to such use. Rewilder is not responsible for your using the Services in a way that breaks any law or regulation.
3. Data Privacy
Rewilder takes the privacy of our users very seriously. To view our current Privacy Policy, please click here.
4. Description of Services
The Services consist of an application and web-hosted user interface for the Services. You understand that interacting with any of these systems or code that support the Services is ultimately your own decision, and Rewilder has no control or responsibility for the results of your transactions with Services.
Making a Donation
You have the option to make a donation with Rewilder, and, in exchange, receive an NFT.
You are not required to create an account to receive a Rewilder NFT for a donation.
Access to Site and Maintenance of NFT(s)
You are responsible for maintaining the confidentiality of all personal information, wallet information, and other technology integrations, and for restricting access to your computer and other devices. You are responsible for keeping such information current, complete, accurate, and truthful. You agree to accept responsibility for all activities that occur related to your donation and the Rewilder NFTs.
If you are accessing and using the Site or Services on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein, and to the extent you do not have such authority, you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Site or Services resulting from such access or use.
Rewilder reserves the right to refuse service and/or terminate accounts without prior notice if these Terms are violated, or if Rewilder decides, in its sole discretion, that it would be in Rewilder’s best interest to do so.
Donation Transactions
Rewilder accepts Ether (ETH) donations utilizing third-party applications and technologies. Rewilder is not liable for the practices or technologies employed by these third-party companies to process the personal information required for a donation transaction related to a Rewilder NFT.
Donation Return Policy
Unfortunately, Rewilder is unable to return any donations given.
For all concerns related to our NFTs and Services, you can contact Rewilder through the following means:
14261 SW 120th St, #103-547
Miami, FL 33186
5. Your Use of the Site and Services
Your access and use of Rewilder Services may be interrupted from time to time due to third party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance, or repair of the Services. While Rewilder will make reasonable efforts to make the Services available to you, Rewilder does not promise that the Services will be available at all times.
You agree that the Services may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or Services, advertising or marketing materials (although any use of your personal information will be subject to our Privacy Policy).
The NFTs available through the Services are for your personal use only.
6. Restrictions and Requirements for Our Site and Services
You represent, warrant, and agree that you will not contribute any content or otherwise use the website or interact with the website in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including Rewilder);
Violates any law or regulation or these Terms;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of Rewilder;
Attempts, in any manner, to obtain a Rewilder NFT or other security information from any other individual;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs any form of auto-responder or “spam” on the Site or Services, or any processes that run or are activated while you are using the Site or Services, or that otherwise interfere with the proper working of the Site or Services (including by placing an unreasonable load on the Site or Services’ infrastructure) or that would bypass the navigational structure or presentation of the Services;
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Site or Services or Content (through use of manual or automated means);
Copies or stores any significant portion of the content of the Site or Services;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the website; or
Circumvents, removes, alters, deactivates, degrades, or thwarts any technological measure or content protections of the Site or Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Site and Services to the extent possible.
7. Electronic Notifications
Rewilder may from time to time provide automatic notifications and voluntary Site or Services-related notifications, as further explained below and subject always to our Privacy Policy.
8. Assumption of Risk
By using our Site or Services, you acknowledge and accept that there are substantial risks associated with using the Site and Services provided on the Internet. You agree and understand that you:
Have the necessary technical expertise and ability to review and evaluate the security, integrity, and operation of the Site and Services;
Have the knowledge, experience, understanding, professional advice, and/or information to make your own evaluation of the merits, risks, and applicable compliance requirements under applicable laws of any use of our Services and are not relying on Rewilder; and
Accept networking technology generally. You further assume and agree that Rewilder will have no responsibility or liability for such risks. You hereby irrevocably waive, release, and discharge any and all claims, whether known or unknown to you, against Rewilder Foundation, Inc., our affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives related to any of the risks set forth in these Terms.
You take responsibility for all activities and transactions that occur in connection with your use of our Site and Services and accept all risks and consequences of your use of our Site and Services to the maximum extent permitted by law.
9. Intellectual Property
Your right to access and use of the Site and Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Site and Services for lawful, internal, and non-commercial purposes. Subject to your compliance with these Terms, Rewilder hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the content provided to you as part of the website (for personal, non-commercial purposes).
The materials displayed or performed or available on or through the Site and Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Site and Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Rewilder’s) rights.
You understand that, except with respect to any open source software or third-party software that the Site and Services incorporate, Rewilder owns the Site and Services, including all technology or Content (including all intellectual property rights subsisting therein), and hereby grants you a limited, revocable, transferable license to access and use those portions of the Site and Services that are proprietary to Rewilder.
Rewilder Has and Retains All Rights in Our Services
Except for integrations with or links to third-party applications or websites, the Site and Services itself, all Content, and other subject matter included on or within the Site and Services, and all Intellectual Property Rights in or related to the Site and Services or any such content or other subject matter (“Rewilder Content”) are the property of Rewilder and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the Rewilder Content without our permission.
Subject to the terms and conditions of these Terms, Rewilder grants you a license to use the Site and Services, including accessing and viewing Rewilder Content, for your personal, noncommercial use and to engage as expressly permitted by the features of the Site and Services. Rewilder may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Rewilder reserves all other rights, and no other rights are granted by implication or otherwise.
Copyright Policy
Rewilder respects the intellectual property rights of others and expects its users to do the same. It is Rewilder’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Rewilder will respond expeditiously to claims of copyright infringement committed using the Site or Services that are reported to Rewilder’s Designated Copyright Agent, identified below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site or Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Rewilder’s Designated Copyright Agent. Upon receipt of the Notice as described below, Rewilder will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site or Services.
Procedure for DMCA Notice of Alleged Infringement (“Notice”)
If you find you have a complaint under the DMCA, please comply with the following procedures in contacting Rewilder.
(a) Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
(b) Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site or Services where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site or Services where such reference or link may be found.
(c) Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Rewilder Foundation, Inc.’s Designated Copyright Agent:
Rewilder Foundation, Inc. Copyright Agent
Carlton Fields LLP
2029 Century Park East, Suite 1200
Los Angeles, CA 90067-2913
What If I Receive A Copyright Complaint (DMCA) Notification?
If you receive a notification that your third party content has been removed due to a copyright complaint, it means that the content has been deleted from Rewilder at the request of the content’s owner. If you receive too many copyright complaints, you may lose the ability to contribute new content on Rewilder, and your access to Rewilder may be disabled completely.
If you believe your third party content was removed in error, you have the option to file a counter-notice by following the steps below. When Rewilder receives a valid counter-notice, we will forward a copy to the person who filed the original complaint. If Rewilder does not receive notice within ten (10) business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, Rewilder will remove the complaint from your record, and we may replace the content that was removed.
There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
How to File a Counter-Notice
(a) Reply to the notification you received.
(b) Include ALL of the following:
(i) Your name, address, and telephone number;
(ii) DMCA ID printed at the bottom of the notification email;
(iii) The source address of the content that was removed (copy and paste the link in the notification email);
(iv) A statement under penalty of perjury that you have a good faith belief that the content was removed in error;
(v) A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Rewilder may be found, and that you will accept service of process from the person who provided the original complaint under 17 U.S.C. § 512(c)(1)(C) or an agent of such person; and
(vi) A physical or electronic signature (for example, typing your full name).
Trademark Policy
Rewilder respects the trademark rights of others.
Rewilder, the Rewilder logo, and other Rewilder logos and names are trademarks and are the intellectual property of Rewilder Foundation, Inc. You agree not to display or use this intellectual property in any manner without Rewilder’s prior, written consent. The names and logos of third parties may be their trademarks. You may not infringe on their proprietary rights. All rights are reserved.
If you are concerned that someone may be using your trademark in an infringing way on our Site or Services, you can let us know by completing the form below. Rewilder will review your submission and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the trademark from the Rewilder Site or Services.
Trademark Infringement Claim Form
(a) Identify the infringing name, the exact word or symbol that is trademarked and details regarding how the trademark is or was being infringed. Please also include the following:
(i) The trademark registration number; and
(ii) The trademark registration office (e.g., USPTO).
(b) Provide your full name, email address (preferably a company email address), your relation to the trademark holder, your company name, your full mailing address, and your phone number.
(c) Also helpful, but not mandatory, are the following:
(i) Link to the trademark record;
(ii) Date of first use;
(iii) Date of trademark application; and
(iv) Date of Registration.
(d) Finally, tell us whether you:
(i) Want to claim the username at issue;
(ii) Want to blacklist the username from further use; or
(iii) Want Rewilder to take other action.
(e) Include both of the following statements:
(i) “I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use violates my rights.”
(ii) “I hereby state under penalty of perjury that all of the information in this notification is accurate and that I am the owner of the trademark, or authorized to act on behalf of the owner of the trademark.”
Send the above-described notice to:
Rewilder Foundation, Inc. Trademark Agent
Carlton Fields LLP
2029 Century Park East, Suite 1200
Los Angeles, CA 90067-2913
10. Third Party Services and Websites
Any third party goods, services, or websites (“Third Party Content”), or the information or content publicly posted or privately transmitted or made available through Third Party Content is the sole responsibility of the individual or organization from whom such goods, services, or content originated, and you access information and content from these goods, services, or websites at your own risk.
Rewilder is not liable for any errors or omissions or for any damages or loss you might suffer in connection with these goods, services, or websites.
The Site or Services may contain links or connections to third party websites or services that are not owned or controlled by us. In other cases, third party websites or services may integrate with our Site or Services, or we may integrate with third party websites or other services. When you access third party websites or use third party services, you accept that there are risks in doing so, and that we are not responsible for such risks. The fact that our Site or Services may be used with other third party services should not be taken as an endorsement of those services. Rewilder encourages you to be aware when you leave the Site or Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize, as your use of those services is subject to those terms and policies.
Rewilder has no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Site or Services. In addition, Rewilder will not and cannot monitor, verify, censor, or edit the content of any third party site or service. By using the Site or Services, you release and hold Rewilder harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Site or Services, including delivery of goods or services, financial transactions, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants of the Site or Services, or between users and any third party, you agree that Rewilder is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Rewilder, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Site or Services.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "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.”
11. Suspension or Termination of Use
You may terminate your use of our Site or Services at any time. Rewilder may terminate (or suspend access to) your use of the Site or Services for any reason in our discretion, including your breach of these Terms. Rewilder has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay Rewilder (if applicable) or indemnify Rewilder, any limitations on Rewilder’s liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between you and Rewilder.
You agree that Rewilder shall not be liable to you or any third party for any such modification, suspension, or discontinuance of our Site or Services. In addition, we reserve the right to terminate your access to our Site or Services for any reason, and to take any other actions that Rewilder, in its sole discretion, believes to be in the interest of Rewilder and of our users as a whole.
12. Disclaimer of Warranty
Your Use of the Site or Services is Subject to Certain Disclaimers. REWILDER’S SITE AND SERVICES ARE AVAILABLE “AS IS.” REWILDER DOES NOT WARRANT THAT OUR SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE OR SERVICES. REWILDER DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION, OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE OR SERVICES. REWILDER DOES NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH REWILDER SITE OR SERVICES OR AVAILABLE THROUGH OUR SITE OR SERVICES. REWILDER RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE OR SERVICES. ALTHOUGH REWILDER WILL TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE OR SERVICES BY IMPLEMENTING APPROPRIATE SECURITY SAFEGUARDS, REWILDER DOES NOT GUARANTEE OR WARRANT THAT OUR SITE OR SERVICES, OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE OR SERVICES, DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. REWILDER IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE OR SERVICES, AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE OR SERVICES MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, DATA, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
13. Limitation of Liability
Rewilder Foundation, Inc., its affiliates, and employees are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions, or other inaccuracies in our NFTs, Site, or Services (including, without limitation, as a result of breach of any warranty or other term of these Terms).
Despite anything else stated in these Terms, Rewilder shall be under no obligation to inquire into and shall not be liable for any damages, other liabilities, or harm to any person or entity relating to the transactions you conduct or attempt to conduct using our Site or Services, or losses, delays, failures, errors, interruptions, or loss of data occurring directly or indirectly by reason of circumstances beyond our control. This includes, without limitation: acts of God; action or inaction of civil or military authority; public enemy; war; terrorism; riot; ire; food; sabotage; epidemics or pandemics; labor disputes; civil commotion; interruption, loss or malfunction of utilities, transportation, computer or, communications capabilities; insurrection; elements of nature; or non-performance by a third party.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL REWILDER BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100.00, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
14. Indemnification
To the fullest extent allowed by applicable law, you agree to indemnify and hold Rewilder Foundation, Inc., our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services, or (b) your violation of these Terms or applicable law. Rewilder reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide Rewilder with such cooperation as is reasonably requested by us.
15. Dispute Resolution
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SITE OR SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU, AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF FLORIDA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:
14261 SW 120th St, #103-547
Miami, FL 33186
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.
BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND REWILDER ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either you or we can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the website or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.
If you do not want to arbitrate disputes with Rewilder, and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to [email protected] within thirty (30) days of the first date you access or use the Site or Services. 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.
16. Governing Law and Forum for Dispute Resolution
These Terms, and your relationship with Rewilder under these Terms, shall be governed by the laws of the State of Florida in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with Rewilder, or its officers, directors, employees, agents, or affiliates, arising under or in relation to these Terms shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Rewilder may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Rewilder is able to offer the Site or Services at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to these Terms.
You also acknowledge and understand that, with respect to any dispute with Rewilder, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the Site or Services, or these Terms:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
17. California Consumer Rights Notice
Under California Civil Code Section 1789.3, California users of the website receive the following specific consumer rights notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210 should you have any concerns with the Rewilder Site or Services.
18. Changes to These Terms of Service
Rewilder is constantly working to improve its Site and Services, and these Terms may need to be updated. Rewilder reserves the right to change these Terms at any time. Updates to these Terms will be made available on the Rewilder Site (https://rewilder.xyz) may suspend or discontinue any part of the Site or Services, or Rewilder may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Rewilder reserve the right to remove any content from the Site or Services at any time, for any reason in our sole discretion, and without notice.
If you do not agree with the new Terms after any changes, please immediately discontinue your uses of the Site and Services. If you use the Site or Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Rewilder without restriction. Any attempt to assign or transfer these Terms, and any rights and licenses, will be null and void.
19. Miscellaneous Terms
Entire Agreement. The Terms of Use, including Rewilder’s Privacy Policy, which are hereby incorporated by reference, constitute the entire agreement between you and Rewilder and governs your use of the site, superseding any contemporaneous or prior agreements between you and Rewilder.
Governing Laws. The Terms of Use will be governed by and construed in accordance with the laws of the State of Florida, County of Miami-Dade, without regard to its conflict of law provisions.
Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. Rewilder may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Waiver and Severability. The failure of Rewilder to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
Notices. Rewilder may provide you with notices, including, without limitation, those regarding changes to these Terms and other Site or Services-related announcements, by postings on the Site or via email.
Limitation on Claims. Any action concerning the site must be brought within one (1) year after the reason for the action arises, or the claim is barred.
Rewilder May be Legally Compelled to Disclose Certain Information. You agree that in the event Rewilder receives a subpoena issued by a court or from a law enforcement or government agency, Rewilder may have to comply with such subpoenas without your consent or prior notice to you and may need to disclose your IP address, name, IP location, or other information in response thereto.
Contact Information. Please send any questions, comments, or report any Terms of Use violations to [email protected].
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