Effective Date: June 30, 2023
PLEASE READ THESE TERMS CAREFULLY. IT IS A LEGAL DOCUMENT AND CONTAINS BINDING OBLIGATIONS. BY REGISTERING FOR THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS.
The Service is comprised of (i) the Proper Wild website, currently located at www.properwild.com (and/or any successor or additional website(s) owned or operated by or for Proper Wild)(“Site”); (ii) any other technology and/or services that Proper Wild provides its users. The Service may enable you to make content available to other users of the Service and to access content made available by other users of the Service. “User Material” is any material you provide through the use of the Service, including but not limited to, music, animation, text, software, scripts, graphics, images (photos, drawings, etc.), audio, video, interactive features and comments (e.g. to bulletin boards, chats, discussion groups, feedback areas, newsgroups or e-mail). You are solely responsible for any User Material that you upload and publish to the Service, including complying with these Terms. In order to upload any User Material to the Service, you must have “accepted” these Terms, and you must have an active, authorized account with Proper Wild. You may only upload and publish User Material on the Service to which you have sufficient rights and licenses to permit the distribution of your User Material via the Service.
You retain all of your rights in your User Material. You shall be solely responsible for your own User Material and the consequences of posting or publishing it on the Service. In connection with User Material that you make available on the Service, you expressly represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Proper Wild to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Material to enable inclusion and use of the User Material as part of the Service and in the manner contemplated by these Terms. By submitting, posting, uploading, emailing or otherwise providing User Material to Proper Wild, you hereby grant (or warrant that the owner of such rights has expressly granted) Proper Wild a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit the User Material in connection with the Service and Proper Wild (and its successors) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You hereby waive all moral rights to the User Material for the benefit of Proper Wild.. You also hereby grant each user of the Service a non-exclusive license to access your User Material through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Material as permitted through the functionality of the Service and under these Terms.
Proper Wild does not guarantee that any User Material will be made available on the Service, whether continuously or at all. Proper Wild shall have no obligation to monitor any User Material. However, Proper Wild and its agents reserve the right to monitor any User Material from time to time for any lawful purpose. Proper Wild may, without notice to you, remove or block any User Material from the Service, including disabling access to such User Material that you have downloaded through the Service.
You acknowledge and agree that Proper Wild has limited practical ability to control or monitor possible infringement of your intellectual property rights by other parties and that Proper Wild assumes no responsibility for controlling or monitoring such intellectual property rights and shall have no liability for such possible infringement. In addition, Proper Wild is not responsible for enforcing your intellectual property rights, including filing suit or taking other legal action against infringers.
Registration is not required to view most User Material provided as part of the Service. However, you are required to register if you wish to purchase products, use certain functionality on the Site, post User Material, participate in our loyalty programs, or enter any contests that we may sponsor from time to time.
CONTENT ON THE PROPER WILD NETWORK
Content on Proper Wild network meant for all audiences. You understand that you will be exposed to User Material from a variety of publishers, as well as Proper Wild Content (defined below) and that Proper Wild is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Material. You further understand and acknowledge that you may be exposed to User Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Proper Wild with respect thereto.
You acknowledge and agree that your opinions are your own and disagreement is often at the heart of a productive debate. The views expressed through the Service reflect those of the individual contributors and not necessarily those of Proper Wild.
As a condition of use, you agree not to use the Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws). Any unauthorized use of the Service is expressly prohibited.
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Material using any communications service or other service available on or through the Service, that: (i.) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; or (ii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, pornographic or obscene, or promotes hate or incites violence; or (iii) misrepresents the source or identity of any content; or (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”) or a chain letter, a pyramid scheme or any other similar solicitation; or (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Proper Wild or any third party; or (vi) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Proper Wild; or(vii) constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, pharmaceuticals, controlled substances, counterfeit or stolen articles, registered or unregistered securities or any items that would cause Proper Wild to violate any applicable law or regulation.
Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in Proper Wild’s sole discretion, an unreasonable or disproportionately large load on Proper Wild’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Proper Wild may use to prevent or restrict access to the Service, other accounts, or computer systems or networks connected to the Service; or (iv) interfere with any other user’s enjoyment of the Service, including, without limitation, accessing an account of a Proper Wild user that is not yours.
You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any content available through the Proper Wild website (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer or sublicense any or the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels.
You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the Service in a manner which sends more request messages to the Proper Wild server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.
You shall not harvest or collect information from the Service, including, without limitation, information about other users of the Service. The use of any information learned through the Service or while in the Proper Wild website is limited to the express purposes set forth in these Terms; all other uses are strictly prohibited.
Unless expressly authorized, you shall not frame or otherwise display any portion of the Site or any of its contents. No hyperlinks to any password protected web pages on the Site are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by Proper Wild in our sole discretion.
USER CONTENT AND MATERIAL
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, TikTok, Snapchat, YouTube, Reddit, Tumblr and Pinterest, which are tagged with #properwild, or any other Proper Wild-promoted hashtag or similar social media tag (collectively "User Content") shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Proper Wild and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. We will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. We shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. We retain the right, in our sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content. By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by us, you will furnish us any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold us and our affiliates, and our and our affiliates’ respective officers, directors, members, managers, employees, agents, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party. We do not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge us and our affiliates, as well as our and our affiliates’ respective members, managers, officers, directors, employees, licensees, and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by us or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, "moral rights," or rights of attribution and integrity. You acknowledge and agree that we have no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. We act as a passive conduit for User Content and have no obligation to screen or monitor User Content. If we become aware of any User Content that allegedly may not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to take action in accordance with these Terms. We have no liability or responsibility to Users for performance or nonperformance of such activities. WE HAVE THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN OUR CONTROL THAT WE DEEM OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST US FOR SUCH REMOVAL AND/OR DELETION. WE ARE NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE OR ANY OTHER SITES OR PLATFORMS. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.
PARTICIPATION IN COMPETITIONS
Each Proper Wild Competition has its own rules and regulations. Please consult those when submitting materials in response to any Proper Wild Competition.
SMS, MMS AND OTHER TEXT MESSAGING
Some of our services may allow you to receive SMS, MMS or other text message notifications from us (each, a “Text Message”). To the extent you voluntarily opt to have Text Messages from us sent directly to your mobile phone, the following terms apply:
- In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive the Text Messages from us. You can opt out of receiving any further Text Messages from us by replying “STOP” to any Text Message you receive from us.
- We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your messages. We may use this information to contact you and to provide the Services you request from us.
- By providing us with your wireless phone number, you confirm that you want us to send you information that we think may be of interest to you to such phone number, which may include using automated dialing technology to send you Text Messages at the wireless number you provided.
The content accessible through the Service, except User Material, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the “Proper Wild Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to Proper Wild, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in these Terms, the Proper Wild Content, Marks, and User Material is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever except as set forth in these Terms or without the prior written consent of the respective owners. Proper Wild reserves all rights not expressly granted in and to the Service and the Proper Wild Content. If you download or print a copy of the Proper Wild Content, or User Material, you must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Proper Wild Content, or User Material.
Proper Wild respects the rights of copyright holders. We reserve the right to terminate the access, profile or agreement with any user who infringes third party copyright or other third party intellectual property rights upon prompt notification to us by the third party rights holder or its legal agent. Without limiting the foregoing, any person who or which believes that his, her or its intellectual property has been copied and posted via the Site (or Product, or Service) in a way that constitutes infringement shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the rights holder; (b) an identification and location on the Site (or Product, or Service) of the property that is claimed to be infringed; (c) a written statement by such person that he, she or it has a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) such person’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such person that the foregoing information in the notice is accurate and, under penalty of perjury, that the person delivering the notice is the owner of the property in question or authorized to act on the owner’s behalf. Notices to us regarding any alleged infringement should be directed to us at email@example.com.
Proper Wild may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Service at any time, provided that all provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
THE SERVICE, PROPER WILD CONTENT AND MARKS ARE PROVIDED BY PROPER WILD “AS IS” AND “AS AVAILABLE”. PROPER WILD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE SERVICE OR ITS CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, PROPER WIL DISCLAIMS ALL WARRANTIES REGARDING THE SERVICE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES). YOU AGREE THAT USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. FURTHER, PROPER WILD DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND PROPER WILD WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PROPER WILD OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE SERVICE (INCLUDING BUT NOT LIMITED TO, PROPER WILD CONTENT AND PROPER WILD MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF PROPER WILD OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROPER WILD ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO MATERIAL AND PUBLISHER MATERIAL; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE PROPER WILD SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PROPER WILD WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PROPER WILD WEBSITE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT, INCLUDING ANY USER MATERIAL, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Proper Wild and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, “Proper Wild Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of User Material you upload and publish on the Service caused damage to a third party; or (v) your gross negligence or willful malfeasance (collectively, “Claims”). You are solely responsible for defending any such Claims, and for the payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Proper Wild Indemnitees. Proper Wild shall have the right, in its sole discretion, to select its own legal counsel to defend the Proper Wild Indemnitees from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorney’s fees incurred by the Proper Wild Indemnitees in connection therewith. You shall not, without the prior express written approval of Proper Wild, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any Proper Wild Indemnitee. This defense and indemnification obligation will survive the termination or expiration of these Terms and your use of the Service. Although Proper Wild will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Proper Wild or others due to such unauthorized use.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
ARBITRATION; WAIVER OF TRIAL BY JURY
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. 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.
SMALL CLAIMS COURT; CLASS ACTION WAIVER
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court rules and if such claim is 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. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING, WITHOUT LIMITATION, 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.
These dispute resolution provisions will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event that JAMS is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. 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 of Service. 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 Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever banned.
30-DAY OPT-OUT PERIOD
If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms of Service (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the “Governing Law and Jurisdiction” section below. Your written notification must be mailed to us at the address set out at the end of these Terms of Service. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including, without limitation, the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms of Service after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms of Service. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Terms of Service; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and us.
If any of the prohibitions 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 Disputes section will be null and void. This Disputes section, including, without limitation, the arbitration agreement and class action waivers contained herein, will survive the termination of your relationship with us.
PURCHASES FROM PROPER WILD
From time to time, Proper Wild may offer products for purchase through the Service (“Products”). We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities of Products purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You must be 18 years of age or older to purchase any Products from Proper Wild
Prices for Products are subject to change without notice. All prices for Products are in US dollars, and are exclusive of any applicable local, state, or federal taxes. Shipping and handling fees, if any, will be reviewable prior to submitting your order.
All payments through the Service are processed using a third-party processor. You acknowledge that Proper Wild is not liable for any breaches of credit card or debit card security or privacy by such third-party processor. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment.
Proper Wild will ship all Products purchased through the Service to the address specified in the shipping address section of the order form. Shipments will be made via standard ground service unless otherwise specified at the time of purchase. The time period from order to delivery will vary depending on location. You may have Products shipped only to addresses located within the United States.
All Proper Will purchases (shots, gummies, merchandise, etc) made directly on our website are final sale and we are unable to accept returns on our products.
To return a purchase made from a retail location, we recommend reaching out directly to the retailer for assistance.
REFUNDS & REPLACEMENTS
Don’t love Proper Wild? Proper Wild stands behind our products and will do our best to make it right. If you are dissatisfied with one of our products for any reason, Proper Wild will refund the amount paid for your most recent order, limited to one item of your choosing. To request a refund or replacement send an email to firstname.lastname@example.org with your name, order number, and reason for the request, within 30 days of when you receive your order. We may require proof of purchase if we can’t verify your order. If needed we will adjust this policy as required by the laws of the state in which you live. Because of food safety laws we unfortunately can’t accept the return of food products.
If the product you received expires within 3 months, was damaged in transit, or is otherwise defective, we will replace it with a similar version of the product at no cost to you. If the product doesn’t agree with you, we will (at our discretion) refund your order.
If your product was delivered and the delivery is verified by the carrier, including but not limited to UPS, Fedex, USPS, or DHL, Proper Wild is not responsible for replacing lost or stolen packages.
All Proper Wild clothing from our Swag Store is final sale. No refunds or returns will be accepted on clothing, hats or any other goods sold from our Swag Store unless the product you received was damaged in transit, or is otherwise defective. If it is damaged or defective we will replace it with a similar version of the product at no cost to you.
Refund policy subject to change without notice.
You may cancel your subscription to Products offered through the Service at any time. If there is an outstanding order associated with your subscription, the cancellation will go into effect once that order is processed by Proper Wild.
You understand that Products may contain materials that could be dangerous if handled improperly, and you acknowledge that Proper Wild is not liable for any personal injury or property damage arising from any misuse of any Products offered through the Service. You further acknowledge that Products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any Products. You hereby agree not to use Products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.
GENERAL TERMS OF SALE FOR SUBSCRIPTION PRODUCTS
Proper Wild is pleased to offer a Subscription Program for its Proper Wild Products. When you choose to enroll in a Subscription Program for any Proper Wild product (collectively, the “Product” or “Products”), the following Terms and Conditions apply:
You must have an account, a valid email address, and a credit card and/or debit card to participate in the Subscription Program.
SUBSCRIPTION ORDER PLACEMENT
When you place a Subscription Program order, Proper Wild will automatically place and ship that same order every 30 days or the frequency selected at the time of ordering.
SUBSCRIPTION ORDER AMOUNT
Your Subscription Program’s order's final total may vary due to changes in price, tax rates, Customs, duties fees, and/or shipping costs. Your order total will include:
- Sales tax, if applicable
- Shipping and handling costs
- Please note that any coupons will only be applied to your first month’s subscription.
SUBSCRIPTION ORDER PAYMENT
The credit card you used to place your initial Subscription Program order will be charged until you cancel your Subscription Program order, or modify your credit card information. Subsequent orders will be charged the day the order is placed and forwarded to the warehouse for processing.
If your credit card is declined at the time of a Subscription Program order placement, your order will not be placed; you will be notified that your Subscription Program payment has failed and you will need to update your credit card information. Once your payment information is corrected, your Subscription Program order will be processed.
To update your credit card and billing information, you can go to your "Billing Info" section in your account to make changes.
Credit Card and Debit Card payment will be the only valid payment types accepted for Subscription Program order payment. Store Credit, Gift Certificates, Checks, PayPal, and Bill Me Later will not be accepted.
The Products available for the Subscription Program are based on a current price. This means that item prices are not locked in and are subject to change.
SUBSCRIPTION ORDER NOTIFICATIONS
A Subscription Program order confirmation email will be sent after each Subscription Program order is processed and shipped. A renewal reminder will be sent via email (and SMS if opted in) three days before subsequent Subscription Program order shipments are processed.
FREQUENCY OF SUBSCRIPTION ORDERS
The standard Subscription Program period is roughly 30 days (“Monthly”), with the same order being shipped on the same day of every month as your initial order. If this date falls on a Sunday or Holiday, it will be processed on the next business day. If your order falls on a date that the following month does not have (example: 31st), your order will be processed on the next business day.
You may opt to change your subscription frequency from monthly, to every 3-months, 6-months or other frequency periods offered. These are approximate shipment frequencies and you should expect some variance due to holidays and weekends.
CHANGING SUBSCRIPTION PROGRAM ORDERS
Subscription Program shipments will be of the same Product or Products ordered during the initial Subscription Program shipment. You may change the Product or Products received as part of your Subscription Program at any time by logging into your account, going to your "Manage Subscription" section. You may also email us at email@example.com with your name, most recent order number, and the desired Product or Products change. Pricing may change depending on the changes to the Subscription Program order Product or Products.
SKIP SUBSCRIPTION PROGRAM ORDERS
If you find you have a surplus of Proper Wild you can skip your subscription for a month by logging into your account, going to your "Manage Subscription," “Delivery Schedule” section, and clicking "Skip”. You can also email us at firstname.lastname@example.org with your name, most recent order number, and a description of which Product or Products you’d like to skip and for how long. Once the designated time has passed, your subscription will work like before.
Postponing your next shipment will affect how you are billed. Once you reach your selected postponement end date, your subscription will renew and bill on a monthly basis starting on that date, unless further changes are made.
CANCELLATION OF SUBSCRIPTION PROGRAM
You may cancel your subscription to Products offered through the Subscription Program at any time. If there is an outstanding order associated with your subscription, the cancellation will go into effect once that order is processed by Proper Wild
To cancel your subscription, you may do so by:
- Through your online account by logging your account, going to your "Manage Subscription" section, and clicking “Cancel” on the desired Subscription Program.
- Emailing us at email@example.com. In your email you must include your name, most recent order number, and what Product or Products you would like to cancel. Please note that response times may exceed 48 hours.
FORMULA CHANGES ON SUBSCRIPTION PROGRAM ORDERS
Proper Wild is committed to constantly innovating its Products and from time to time will update a Product or Products’ formula. In the event of such an update, your Subscription Program order will continue as before except that the Product or Products will be replaced with the new formula Product or Products. You will not be notified separately of this change before a subsequent Subscription Program order is processed and shipped. The new formula Product or Products will continue on subsequent Subscription Program orders unless you choose to remove this item from your Subscription Program order.
PROPER WILD REWARDS & REFERRAL PROGRAM TERMS AND CONDITIONS
Rewards and referrals are a critical part of growing the Proper Wild Family, and we’d love to start by first thanking you for helping! The Proper Wild’s Reward Program offers registered Proper Wild users (“active Proper Wild customers”) in good standing the opportunity to receive Store Credit towards future purchases by referring friends to Proper Wild.
In order to participate in the program, active Proper Wild customers must agree to the following Terms and Conditions. We reserve the right to disqualify any user from participating in the program at any time at our discretion should he/she fail to comply with any of these Terms and Conditions. Violations of these Terms may also result in the forfeiture of all Store Credits previously earned through the program.
Active Proper Wild customers can earn Store Credits towards future purchases if:
- A referred friend must make a purchase through the active customer’s unique referral link and,
- The referred friend must successfully complete an order totaling $10.00 or more
If your friend does not click on the personal referral link in their invite email or any other invite mechanism to accept your invitation, you may not receive Store Credits and we will have no liability to you because there is no discernible way to identify that the purchase resulted from your referral.
Rewards are payable only as Proper Wild Store Credits issued in increments of $10 unless explicitly noted otherwise in an offer. Store Credits have no cash value, can only be redeemed for Proper Wild merchandise, and may be subject to expiration dates or other restrictions at our sole discretion. Store Credits cannot, under any circumstances, be redeemed for cash or any cash equivalent including but not limited to gift cards or refunds. Store Credits are not transferable and may not be auctioned, traded, bartered or sold. Please allow up to 1-3 business days for the $10 credit to be added to your account after your referred friend places a qualifying order. You can earn a maximum of 25 Store Credits for Qualified Referrals during the same calendar year. As an active customer, you are responsible for any and all tax liability resulting from Referral Rewards.
Active Proper Wild customers are limited to one Store Credit and one Qualified Referral for each referred friend; in other words, additional/repeat purchases made by a referred friend are not counted as additional Qualified Referrals and will not earn Store Credits.
Referred friends who click on a unique referral link and complete a Qualified Referral transaction will be rewarded $10 off their first purchase, packs and gift cards excluded. You cannot refer yourself to generate Qualified Referrals and earn Store Credits. For an order to count as a Qualified Referral transaction, the referred friend must hold different identifying information than the active Proper Wild customer whose link was used to initiate the order, and he or she must not have previously registered a Proper Wild account (including without limitations under any other names, email addresses or aliases).
SHARING REFERRAL LINKS
Referrals should strictly be used for personal purposes and shared with personal connections. Personal links should not be distributed to commercial websites (such as coupon websites, Reddit). We reserve the right to revoke or refuse to issue any Store Credits for Qualified Referrals that we suspect were generated through improper channels.
Active Proper Wild customers should only distribute their personal referral links via email or social media sites using the Proper Wild referral tool hosted at www.properwild.com. Emails must be created and distributed in a personal manner and bulk email distribution is prohibited. Any distribution of your referral link that could constitute unsolicited commercial or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Proper Wild’ Referral Program. Purchases from Proper Wild made through referral links that were distributed through an unauthorized email channel will not result in Qualified Referrals and, if discovered, any Store Credits issued in connection with such transactions may be revoked.
TERMINATION AND CHANGES
Proper Wild’ reserves the right to close the account(s) of any active customers and/or referred friend and to cancel all related Store Credits and request proper payment if we determine in our sole discretion that the active customer and/or referred friend has tampered with the Proper Wild Rewards and Referral Program or used or attempted to use the program in an abusive, unethical, unsportsmanlike or otherwise questionable or suspicious manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
If you do not accept all of the terms and conditions set forth in these Terms, you may not access or use the Service.
ABILITY TO ACCEPT
The Service is only available to users who are over the age of 18, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these Terms. If you are under 13 years of age, you may not register for or use the Service unless we have your parents’ consent.
Proper Wild shall have the right to modify these Terms at any time, which modification shall be effective immediately following Proper Wild’s posting of such change on its website. We recommend that you check the Proper Wild website regularly for any such changes. Your use of the Service following such posting shall be deemed to constitute your acceptance of such modification.
ENFORCEABILITY AND WAIVER.
If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected. No delay or failure by Proper Wild to exercise or enforce any of its rights under these Terms will act as a waiver of such rights.
LINKS TO THIRD PARTY WEBSITES
As a convenience for its users, Proper Wild may provide links on this website to other websites owned by third parties. Unless otherwise stated, Proper Wild does not endorse or control these third parties and takes no responsibility for them or their websites.
EXPORT AND INTERNATIONAL USE
The Service is controlled and offered by Proper Wild from its facilities in the United States of America. Proper Wild makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
GOVERNING LAW, JURISDICTION AND VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to or application of choice of law rules or principles. You agree that: the Service shall be deemed to be solely based in the State of New York; the Proper Wild website shall be deemed a passive website that does not give rise to personal jurisdiction over Proper Wild, either specific or general, in jurisdictions other than the State of New York; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney fees, expenses and costs incurred in connection with the litigation.
Questions about the Terms should be sent to us at firstname.lastname@example.org
Attn: Legal Department
379 W Broadway, Unit 411
New York, NY 10012