Conditions of Use
Last updated: May 21, 2018
Welcome to WildCalf.com. Wild Calf LLC and/or its affiliates ("Wild Calf") provide website features and other products and services to you when you visit or shop at WildCalf.com, use Wild Calf products or services, use Wild Calf applications for mobile, or use software provided by Wild Calf in connection with any of the foregoing (collectively, "Wild Calf"). Wild Calf provides the Wild Calf services subject to the following conditions.
By using Wild Calf, you agree to these conditions. Please read them carefully.
We offer a wide range of Wild Calf, and sometimes additional terms may apply. When you use an Wild Calf Service (for example, Your Profile, Gift Cards) you also will be subject to the guidelines, terms and agreements applicable to that Wild Calf Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Wild Calf, to understand our practices.
When you use Wild Calf, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Wild Calf, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Wild Calf Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Wild Calf or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Wild Calf Service is the exclusive property of Wild Calf and protected by U.S. and international copyright laws.
Click here to see a non-exhaustive list of Wild Calf trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Wild Calf Service are trademarks or trade dress of Wild Calf in the U.S. and other countries. Wild Calf's trademarks and trade dress may not be used in connection with any product or service that is not Wild Calf's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wild Calf. All other trademarks not owned by Wild Calf that appear in any Wild Calf Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wild Calf.
One or more patents owned by Wild Calf apply to the Wild Calf and to the features and services accessible via the Wild Calf. Portions of the Wild Calf operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Wild Calf or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Wild Calf. This license does not include any resale or commercial use of any Wild Calf Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Wild Calf Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Wild Calf or its licensors, suppliers, publishers, rightsholders, or other content providers. No Wild Calf Service, nor any part of any Wild Calf Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Wild Calf. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Wild Calf without express written consent. You may not use any meta tags or any other "hidden text" utilizing Wild Calf's name or trademarks without the express written consent of Wild Calf. You may not misuse the Wild Calf. You may use the Wild Calf only as permitted by law. The licenses granted by Wild Calf terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Wild Calf account to use certain Wild Calf, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit https://www.WildCalf.com to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Wild Calf does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Wild Calf only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Wild Calf Household. Alcohol listings on Wild Calf are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Wild Calf reserves the right to refuse service, terminate accounts, terminate your rights to use Wild Calf, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Wild Calf reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Wild Calf a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Wild Calf and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Wild Calf for all claims resulting from content you supply. Wild Calf has the right but not the obligation to monitor and edit or remove any activity or content. Wild Calf takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Wild Calf respects the intellectual property of others.
RISK OF LOSS
All purchases of physical items from Wild Calf are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Wild Calf does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Wild Calf does not take title to the refunded item.
Wild Calf attempts to be as accurate as possible. However, Wild Calf does not warrant that product descriptions or other content of any Wild Calf Service is accurate, complete, reliable, current, or error-free. If a product offered by Wild Calf itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Wild Calf and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Wild Calf.
With respect to items sold by Wild Calf, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Wild Calf is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We may charge your credit card before your order has entered the shipping process.
SANCTIONS AND EXPORT POLICY
You may not use any Wild Calf Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Wild Calf. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, technology, and services.
Parties other than Wild Calf operate stores, provide services or software, or sell product lines through the Wild Calf. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Wild Calf. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Wild Calf does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WILD CALF AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WILD CALF ARE PROVIDED BY WILD CALF ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WILD CALF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WILD CALF, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WILD CALF, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WILD CALF IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WILD CALF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WILD CALF DOES NOT WARRANT THAT THE WILD CALF, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WILD CALF, WILD CALF'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM WILD CALF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WILD CALF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY WILD CALF SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY WILD CALF SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Wild Calf Service, or to any products or services sold or distributed by Wild Calf or through WildCalf.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Wild Calf LLC, 6001 Road 1011, Bainville, MT 59212. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will not reimburse those fees for claims, especially if the arbitrator determines the claims are frivolous. Likewise, Wild Calf will seek attorneys' fees and costs in arbitration especially if the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Wild Calf Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Montana, Roosevelt County, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Wild Calf.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your use of Wild Calf. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Wild Calf LLC
6001 Road 1011
Bainville, MT 59212
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Wild Calf accepts service of subpoenas or other legal process only through Wild Calf’s national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following address:
Wild Calf LLC
6001 Road 1011
Bainville, MT 59212
Attn: Legal Department – Legal Process
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; and IP address and complete time stamps.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using email to email@example.com. You may report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:
Wild Calf LLC
6001 Road 1011
Bainville, MT 59212
Wild Calf LLC
6001 Road 1011
Bainville, MT 59212
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.