Wildcats (“Site”, “App”, “we” or “us”) is a virtual product marketplace that offers virtual products and virtual services to you (“Users”). Our T&Cs is a legally binding contract between you and Wildcats Global Inc. (“Wildcats.io”) at 6 Shenton Way, #25-08 Downtown Gallery, Singapore 068815, applied globally.
If you do not accept these T&Cs, do not use the Site. We may amend these T&Cs at any time by posting an updated version on the Site and notifying you before the amended T&Cs take effect.
To improve your user experience, we may also modify, without prior notice, the structure and design of our Site, the App, as well as some Services or content.
1. Terms Definition
In this document,
- “Account” refers to a record on Wildcats that Users must create to access the Services offered by the Site;
- “Admins” refers to Users who has the authorization to manage marketplace, community forums, blogs and other products and services on Wildcats;
- “Business Kits” refers to any virtual product listed on Wildcats marketplace;
- “Community” refers to all Users of Wildcats;
- “Content” refers to any data provided by Users, including but not limited to profile-building, chat, forum posts, listings, other contents in any form of media on Wildcats;
- “Services” refers to all products, services, content, features, technologies or functions delivered by us via the Site;
- “Users” refers to any individual having an Account on Wildcats;
2. Account Registration and Use
A. Age restrictions
- You must be 18 years or older to use our Services, and by opening an Account you declare that you meet this condition.
- If you are under the age of 18 and at least 13 years old, you may only access the Site through an account controlled by a parent or legal guardian with their consent. You are not authorized to use the Site or the Wildcats services if you are under the age of 13.
- By using the Site you represent and certify that you fulfill all of the eligibility conditions listed above. You must not access or use the Site if you do not fulfill all these requirements.
B. Background restrictions
- You must not be forbidden from using the Service by the laws of Singapore or any applicable countries (for instance, you are not on the List of Designated Individuals or Entities, and Blocked Persons lists, or face any other similar limitations),
- You agree to abide by this T&Cs as well as applicable local, national, and international laws, rules and regulations.
- You have never been convicted of a felony or indictable offense (or a comparable crime), a sex crime, or a violent crime, and you are not required to register as a sex offender with any state, federal, or municipal sex offender registry anywhere in the world.
C. Creating your Account
The Site allows Users to view, search and to interact with Users, or Admins through chat, email, and messaging. You cannot enroll in or participate in any services on Wildcats without first opening an Account and becoming a User.
You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site by minors.
To create your Account, you can either:
- complete the mandatory fields in the registration form (e.g., First name, Last name, email, and password). An Account activation link will be emailed to you or sent to your SMS; your Account is activated once you click on the link; or
D. Accuracy of Account Information
You agree that your profile Account contains accurate and true information, and that you will update it, as needed.
3. Content on the Platform
A. Types of content on the Site:
B. Your Content
- “Your Content” refers to anything you upload and provide.
- “Community Content” refers to anything uploaded and provided by other users; and
- “Our Content” refers to all the other content Wildcats by Wildcats provide.
You acknowledge that Your Content must adhere to our Guidelines. You are accountable for Your Content because it is yours, and you agree to indemnify, defend, release, and hold us harmless from any claims based on Your Content.
Your personal profile must not display any personal information, including contact details, banking information, addresses, postal codes, phone numbers, email addresses, URLs, or financial details. It is your responsibility to avoid sharing personal information publicly on your profile. We will not be held responsible for any such disclosures.
Wildcats is a platform that is publicly accessible, which means that any content uploaded by users can be viewed by anyone with access to the internet. As such, users should exercise caution and discretion when choosing what to display and publish on Wildcats. We are not responsible for any harm or damage that may result from the use or viewing of public content on our platform.
By uploading and displaying public content on Wildcats, you automatically grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, edit, copy, modify, translate, and distribute that content to the public. This license is irrevocable, which means that we retain these rights even if you or your account is no longer active on Wildcats.
Users should also be cautious of any links that are sent to them by other Users on our platform. We are not responsible for any harm or damage that may result from clicking on these links or visiting external websites.
We take the privacy and security of our users seriously and will take appropriate action against any users who violate our terms and conditions or engage in harmful or illegal activities on our platform.
C. Other Users’ Content
Other Users on Wildcats may share content on the platform. The content uploaded by a user belongs to them and is stored on our servers and displayed on the platform at the user’s direction.
You are not granted any rights to other users’ content and may only use their personal information for the purpose of engaging with them on Wildcats. You may not use other users’ information for commercial purposes or engage in spamming, harassing, stalking, or making unlawful threats. We reserve the right to terminate your account if you misuse other users’ information.
D. Our Content
All the other content on our platform, including text, graphics, logos, images, software, sounds, or any other intellectual property on Wildcats is the property of Wildcats or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use or reproduce any content on our platform without our prior written consent. See section 8 for more information on intellectual property rights regulation.
E. Prohibited contents:
The internet is a vast and ever-expanding space that is home to a plethora of content. While this is an amazing thing, it unfortunately also means that harmful content can be easily accessed by anyone with an internet connection. It is important to have guidelines and regulations in place to protect users from harmful content.
Some examples of prohibited content include, but is not limited to:
- The following are prohibited forms of content on this platform:
- False or impersonating content that can lead to identity theft or other fraudulent activities. This includes content that is aimed at deceiving individuals or businesses for financial gain or other personal motives.
- Content harmful to minors that promotes self-harm, suicide, or other dangerous activities to minors. This prohibition is in place to protect young individuals from negative influences and ensure their safety and wellbeing.
- Spam content that is irrelevant or unsolicited, leading to a poor user experience. This includes any content that is not relevant to the platform or its users, or content that is sent to users without their consent.
- Virus-containing content that can harm users’ devices and personal information. This prohibition is in place to protect users from any malicious software or programs that can harm their devices or personal information.
- Sales-related content that is spammy or misleading, leading to scams or other fraudulent activities. This includes any content that is aimed at selling products or services through misleading or spammy means, thereby deceiving users and leading to fraudulent activities.
- Content that encourages terrorism and violence against others. This includes any content that promotes or encourages terrorism, violence, or any other form of physical harm or injury against individuals or groups.
- Illegal content that promotes or encourages illegal activities such as drug use, violence, or theft. This prohibition is in place to ensure that the platform is not used to promote or encourage any illegal activities that can harm individuals or society.
- Abusive or threatening content that can cause emotional distress and harm to individuals. This includes any content that is abusive or threatening in nature and can cause emotional distress or harm to individuals or groups of people.
- Racist language or imagery that promotes hate and discrimination against certain groups of people. This prohibition is in place to ensure that the platform is not used to promote hate or discrimination against individuals or groups based on their race, ethnicity, or other characteristics.
- Pornographic or nude content that is not suitable for all audiences and can be harmful to minors. This includes any content that is pornographic or contains nudity, and is not suitable for all audiences, especially minors.
We take these prohibitions very seriously and will take appropriate action against any users who violate them.
4. Wildcats Services
Wildcats is a virtual product marketplace and a community for entrepreneur and businesses to discover and obtain business kits or seek mentorship from Other Users.
We facilitate these connections through our platform, which includes features such as the Marketplace, Event listing, Mentors listing and other tools that help Users identify prospect Users based on their shared interests and goals. We also offer educational resources and support to help users navigate the collaboration process and maximize the value of their partnerships.
While we strive to highlight relevant business kits, community and mentors to you, we do not guarantee any specific results from using our platform, and we are not responsible for the actions of any of our users. Users are solely responsible for evaluating the suitability of potential Users and for all interactions with other Users on the platform.
You agree to use our platform at your own risk and to comply with any additional terms and conditions that may apply to specific matchmaking opportunities. By using our platform, you agree to release Wildcats and its affiliates, partners, and employees from any claims, demands, or damages arising out of or in any way connected with your use of the platform, including any disputes with other users.
We reserve the right to terminate or suspend your access to our platform at any time, for any reason, without notice. We may also modify or discontinue our platform or any of its features at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our platform or any of its features.
5. Fees & Payment
At Wildcats, we strive to provide our users with the best possible experience on our platform. As part of our commitment to transparency, we want to inform our users that certain features or services on the platform may come with fees. However, you can rest assured that you will be notified of any applicable fees before using these features or services, and you will have the opportunity to decline them if you choose to do so.
When it comes to payments, we want to make the process as simple and secure as possible. All payments must be made using a valid payment method, and users are responsible for any applicable taxes or fees associated with their use of the platform. We use a secure payment gateway to process all transactions, and we take appropriate measures to ensure the privacy and security of our users’ financial information.
OUR PLATFORM, SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” 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. WE DO NOT WARRANT THAT OUR PLATFORM, SERVICES, OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY USE OF OUR PLATFORM, SERVICES, OR CONTENT IS AT YOUR OWN RISK. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR PLATFORM, SERVICES, OR CONTENT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON OUR PLATFORM, AND WE DO NOT ENDORSE ANY OPINIONS OR RECOMMENDATIONS MADE BY USERS OR USERS.
WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE OUR PLATFORM, SERVICES, OR CONTENT AT ANY TIME WITHOUT NOTICE, AND WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF OUR PLATFORM, SERVICES, OR CONTENT.
WE ARE NOT RESPONSIBLE FOR ANY DISPUTES OR CONFLICTS THAT MAY ARISE BETWEEN USERS OR USERS ON OUR PLATFORM. USERS ARE SOLELY RESPONSIBLE FOR EVALUATING THE SUITABILITY OF POTENTIAL USERS AND FOR ALL INTERACTIONS WITH OTHER USERS ON THE PLATFORM.
WE ARE NOT RESPONSIBLE FOR ANY HARM OR DAMAGE THAT MAY RESULT FROM THE USE OR VIEWING OF PUBLIC CONTENT ON OUR PLATFORM. USERS SHOULD EXERCISE CAUTION AND DISCRETION WHEN CHOOSING WHAT TO DISPLAY AND PUBLISH ON WILDCATS.
7. Limitation of Liability
Wildcats does not control the behavior of Users on its site, or the information provided by them. Other users’ information may be inaccurate. By accepting these T&Cs, you acknowledge that Wildcats does not control in any manner the nature, quality, legality, or timing of Business Kits. Wildcats, in its capacity as an intermediary, does not provide any guaranteed results and is not a party to any agreement entered into by you and other Users with respect to a Business Kits.
Wildcats has no control over, and is not responsible for, the acts or omissions of Users or the quality, accuracy, or legality of the Business Kits. Users act under their sole and full responsibility. In its capacity as an intermediary, Wildcats cannot be held liable if a Service fails to occur as intended, such as because of erroneous information communicated by the Users, or by any other means, with regard to the Services and its terms; cancellation or modification of a Service by a User; any payment-related issues upon agreement between Users; the behavior of Users during, before, or after a Service purchase or at any other time.
Wildcats is not responsible for the content or use of any Ideas, for the Users’ lack of success in a Service, for any damage caused to a User, for any indirect damage such as financial loss, loss of business or moral damage that a User may suffer through its use of the Site or by participating in the Service. You agree to look solely to the User for any claims you may have regarding information provided by the User. If you have a dispute with another User, you hereby release Wildcats from all claims of any kind arising out of such dispute.
Wildcats shall not be liable to you for any damages, claims, expenses, or other costs you incur as a result of third-party claims related to your use of the Services. Under no circumstances, shall Wildcats be liable for any indirect damages, or for any damages totaling more than one hundred (100) Dollars, assuming that such damages have been duly proven. You agree that you will be responsible for, and at Wildcats’ request, defend Wildcats from third party claims arising out of information you provide to Wildcats for publication or any breach by you of these T&Cs.
You agree that regardless of any statute or law to the contrary, any claim or cause of action related to your use of the Services must be filed within one (1) year after such claim or cause of action arises or be forever barred.
8. Intellectual Property Rights
A. User grant of license to Wildcats
For the purposes of our Site and to enable the Services, you grant Wildcats a non-exclusive license, free of charge, for the entire world and for the duration of your contractual relationship with us, to use the content and data that you publish on the Site. Specifically, you authorize us to display, distribute, publish, reproduce, represent, adapt, use, and translate any content you provide, and to broadcast it via the Site and any other communication protocol and to share it with the public, Community and Users.
B. Wildcats’ IP Rights / Limited License
This Site is controlled and operated by Wildcats. Our proprietary software, and our materials on the Site, including logos, trademarks, trade names, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials, are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by us or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Site are the property of their respective owners.
Subject to being a User, Wildcats grants you a non-exclusive, revocable, personal, and non-transferable license, to use the Site, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Site.
You are prohibited from any other use or exploitation of the Site and Services, and their content, without the prior written permission of Wildcats. Notably, you are prohibited from:
- reproducing, adapting, distributing, publicly representing and disseminating the Site, the Services, Matchmaking-checklist and the content of the Site;
- extracting or attempting to extract (notably using data mining robots or any other similar data collection tool) a substantial part of the data of the Site;
- copying, modifying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code;
- modifying or attempting to modify the Site in any manner or form, except that you have the right to modify your self-generated content on the Site;
- framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including Challenge descriptions, images, text, page layout, or form);
- using any meta tags or any other “hidden text” with Wildcats’ name, Wildcats or trademarks.
Any unauthorized use by you which contravenes the above terminates the license granted by us.
All new versions, updates or changes to our Site, Services or related content shall be subject to these T&Cs.
Wildcats reserves all rights not expressly granted by the present T&Cs.
If you believe that your legitimate intellectual property rights have been violated by the introduction of certain content on the Site, you must notify Wildcats and provide us with the following:
- Your contact information. If the claim is on behalf of a third party, please include proof of your right to represent the third-party;
- Identification of the specific Site content that you consider is protected by intellectual property rights as well as its location on the Site (indicating the URL link);
- Accreditation of the aforementioned intellectual property rights; and reasons for the supposed violation.
9. Account suspension, restrictions of access and termination
You have the right to terminate your contractual relationship with Wildcats and close your account at any time by contacting Wildcats admin at firstname.lastname@example.org. The termination takes effect immediately.
If you breach your obligations as set out in these T&Cs or if Wildcats has a genuine reason to believe that the security and integrity of Wildcats, its Users, or third parties are at risk, we reserve the right to immediately terminate these T&Cs binding you and Wildcats and to suspend your account temporarily or permanently. If such measures are necessary, you will be notified of them to enable you to respond. Wildcats will decide, at its sole discretion, whether to lift the measures put in place.
10. Third-Party Regulations
A. Third-party links (Hyperlinks)
The Site may contain links to third-party services and/or advertisements for third parties (collectively, “Third-Party Link”). When you click on a Third-Party Link, we will not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of another service or destination. Such Third-Party Links are not under the control of Wildcats. Wildcats is not responsible for any Third-Party Links. Wildcats provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, or their products or services. You use all Third-Party Links at your own risk. When you leave the Site, our T&Cs and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Link, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
B. Third-Party Services
Wildcats may integrate with third-party services, tools, and applications (“Third-Party Services”) to make our Services more robust and user-friendly. These Third-Party Services may have their own terms and conditions and privacy policies, which will govern your use of those services. Wildcats is not responsible for any interactions you may have with Third-Party Services, including but not limited to: third-party integrations, third-party app stores, etc. We do not endorse or guarantee the availability, reliability, or functionality of any Third-Party Services, nor do we provide any warranties or representations relating to these Third-Party Services. You use any Third-Party Services at your own risk, and you should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Service before using it. When you use Third-Party Services, you are interacting with a third-party, not Wildcats, and any information you provide to the third-party is subject to the third-party’s terms and policies, not Wildcats’. We encourage you to familiarize yourself with the terms and policies of any Third-Party Services with which you interact through our Services.
You agree to indemnify and hold Wildcats, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Wildcats Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your participation in any Collaboration or your design, administration, or operation of any Collaboration; (c) any dispute between you and another User; (d) your use of, or inability to use, the Site; (e) your violation of the Terms and Conditions; (f) your violation of any rights of another party; or (g) your violation of any applicable laws, rules or regulations. Wildcats reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wildcats in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms and Conditions or your access to the Site.
12. Modification of the T&Cs
Wildcats may, but are not obligated to, monitor, or review the Site and Content at any time. Without limiting the foregoing, Wildcats shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms and Conditions or any applicable law. Although Wildcats does not generally monitor User activity occurring in connection with the Platform or Content, if Wildcats becomes aware of any possible violations by you of any provision of the Terms and Conditions, Wildcats reserves the right to investigate such violations, and Wildcats may, at its sole discretion, immediately terminate your license to use the Site, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
14. General Provisions
Electronic Communications. The communications between you and Wildcats use electronic means, whether you visit the Site or send Wildcats e-mails, or whether Wildcats post updates on the Platform or communicate with you via email. For contractual purposes, you (1) consent to receive communications from Wildcats in an electronic form; and (2) agree that all Terms and conditions, agreements, notices, disclosures, and other communications that Wildcats provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Release. You hereby release Wildcats Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site, including but not limited to, any interactions with or conduct of other Users or third-party services of any kind arising in connection with or as a result of the Terms and Conditions or your use of the Site. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Assignment. The Terms and Conditions, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Wildcats’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. Wildcats shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Site, please contact us at: email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Limitations Period. YOU AND WILDCATS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS AND CONDITION, THE SITE OR ANY CHALLENGE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms and Conditions or the use of any product or service provided by Wildcats that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Wildcats, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms and Conditions.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Wildcats should be sent to: firstname.lastname@example.org. After the Notice is received, you and Wildcats may attempt to resolve the claim or dispute informally. If you and Wildcats do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the T&Cs. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Wildcats made to you prior to the initiation of arbitration, Wildcats will pay you the greater of the award or $50. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
- Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
- Time Limits. If you or Wildcats pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
- Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Wildcats, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the T&Cs. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Wildcats.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Wildcats in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WILDCATS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Wildcats.
- Small Claims Court. Notwithstanding the foregoing, either you or Wildcats may bring an individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Santa Clara County for such purpose.
- Governing Law. The T&Cs and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
- Choice of Language. It is the express wish of the parties that the T&Cs and all related documents have been drawn up in English.
- Notice. Where Wildcats requires that you provide an email address, you are responsible for providing Wildcats with your most current email address. In the event that the last e-mail address you provided to Wildcats is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms and Conditions, Wildcats’ dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Wildcats at the following address: email@example.com. Such notice shall be deemed given when received by Wildcats by letter delivered by nationally recognized overnight delivery or first class postage prepaid mail at the above address.
- Waiver. Any waiver or failure to enforce any provision of the T&Cs on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Severability. If any provision of the Terms and Conditions, for any reason, held to be invalid or unenforceable, the other provisions of the Terms and Conditions will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
- Export Control. You may not use, export, import, or transfer any items or information obtained through the Site except as authorized by U.S. law, the laws of the jurisdiction in which you obtained access to the Platform, and any other applicable laws. In particular, but without limitation, such items or information may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Platform, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Platform for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by Wildcats are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Wildcats products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.
- Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Challenges of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Entire Agreement. The Terms and Conditions are the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
If you have any questions or concerns about these Terms and Conditions, please contact us at firstname.lastname@example.org