Terms of Service
THE WILDEST TERMS OF SERVICE
Last updated: October 5, 2022
By accessing or using this website, mobile application, other websites that display these Terms of Service, or The Wildest Pack (defined below) (collectively, this “Site”) in any way, you (“Customer”, “you”, or “your”) agree to be bound by the terms and conditions in this Terms of Service Agreement (the “Agreement”). The Site is brought to you by Kinship Partners, Inc. d/b/a The Wildest and/or its affiliated entities (including Mars Petcare US, Inc.) (collectively, “The Wildest,” “we,” “us” or “our”). The Agreement is a binding legal contract between you and us.
IMPORTANT NOTICE: YOUR USE OF THIS SITE IS SUBJECT TO A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH IN THE SECTION OF THIS AGREEMENT TITLED “Dispute Resolution by Binding Arbitration and Class Action Waiver”. PLEASE CAREFULLY REVIEW THAT SECTION OF THIS AGREEMENT.
YOU MUST BE AT LEAST AGE THIRTEEN (13) TO USE THE SITE. By accessing, using, and/or submitting information to or through the Site, you represent that you are at least age 13 and that you have the power and authority to enter into and perform your obligations under this Agreement. If you are between age 13 and the age of majority in your place of residence, you may use the Site only under the supervision of your parent or legal guardian. If you are the parent or legal guardian and consent to your minor child’s access to and use of the Site, you agree to be bound by these terms on behalf of yourself and your minor child.
Who Are We? We're The Wildest, one destination to help you keep your cool as a pet parent. We've got pretty much all the content, tips, and tools you need to ace it for your animal. You can get to know all about who we are here.
The Wildest Subscription Services
We offer a paid subscription (“The Wildest Pack”) to help you deal with dog parenting. Think of The Wildest Pack as your backup for everyday questions, emergencies, especially weird poops, and all the other wild stuff that comes with inviting a tiny creature to live in your home. Here’s what you get with The Wildest Pack.
A Whistle Health device and plan to track every lick, scratch, sip, and zoomies session. (Please review the Whistle Health Terms of Servicehere)
A Wisdom Premium test for health insights and breed mix (so you can prove they’re part wolf). (Please review the Wisdom Terms of Servicehere)
Your personalized supergroup of pet care pros, ready to answer your non-health-related questions with custom advice and recs.
Ask a Vet
Access to vet pros over phone, chat, and email (for the five-million questions you have every day). (Please review the following section titled “No Veterinary Medical Advice.”)
Specialist Consultants for Behavior or Nutrition Support
Access specialists to help you with your pets for behavior or nutrition issues. (Please review the following section titled “No Veterinary Medical Advice.”)
When you purchase the Wildest Pack subscription, you will be enrolled in an automatically renewing monthly subscription program, with an initial 6-month commitment, through which you will continue to be billed until you cancel. Through your subscription, you will be charged each month at the price provided at the time you sign up. At the end of each monthly period, your subscription will automatically renew unless you cancel at least 24 hours before the end of your billing cycle. You can cancel through e-mail (email@example.com), your online account (only available after the expiration of the initial 6-month period), or by contacting customer service at 1-866-234-3464. If you cancel, you will continue to be billed for the remainder of the 6-month period, and you will not receive a partial refund for any unused portion of your subscription. We may terminate your subscription at any time without notice and in our sole discretion, but if we do so we will not charge you for the remaining months unless the termination was due to your actual or suspected breach of this Agreement.
No Veterinary Medical Advice
The Site may allow you to connect remotely with veterinarians and veterinary technicians (“Veterinary Professionals”), and/or to interact with a chatbot, to get answers to general pet care questions and information that may help you decide whether it is prudent to seek immediate in-person veterinary attention. Your use of these features, and the information you receive from the Veterinary Professionals and/or chatbot, does not create a veterinary-client patient relationship, is not a substitute for an in-person visit with a veterinarian, and is not intended to provide a specific diagnosis or treatment plan for your pet.
The Wildest does not practice veterinary medicine, veterinary technician services, or any other licensed profession, nor does the Wildest interfere with the practice of veterinary medicine, veterinary technician services, or any other licensed profession by the Veterinary Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OR LOSSES RELATED TO ANY VETERINARY MEDICAL ADVICE PROCURED THROUGH THE SITE.
Your electronic (including audio and video) and phone communications with the Veterinary Professionals are not confidential or privileged.
We May Make Changes to These Terms
We may make changes to these Terms of Service from time to time. These changes will apply immediately upon posting, unless otherwise stated by us. Your continued use of this Site or any of the products or services made available through this Site will constitute your agreement to any changes.
We May Modify the Site
We may alter the Site or any part of it at any time. We may also discontinue the Site or any part of it at any time.
Our Rights in and to The Wildest Materials
All information, software, hardware and other content or material that is provided or used by us or anyone engaged by us in connection with this Site, or that otherwise comprises or relates to this Site (the “The Wildest Materials”) is the exclusive property of The Wildest and its third-party licensors. Any third-party software included in this Site is licensed subject to the additional terms of the applicable third-party license.
Our rights in and to The Wildest Materials are protected by copyrights, patents, trademarks, trade secrets, and/or other intellectual property laws. You understand and agree that these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on The Wildest Materials.
You Have Permission to Access the Site for Personal Use, But We May Revoke That Permission
You have permission to access this Site for your personal use in compliance with this Agreement and the third-party licenses governing certain software included in this Site. You may not use the Site for any non-personal purposes, such as for a business, nor may you transfer your permission to anyone else. We may immediately revoke your permission to access this Site for any reason, including your actual or suspected breach or violation of this Agreement, any law or regulation, or the rights of any third party. Such measures may be taken in our sole discretion and without liability to you or anyone else.
You shall not: (a) distribute, market, resell, or transfer any portion of the Site or the information it contains; (b) use the Site in connection with any products or services not supplied or provided by us or otherwise approved by us in writing; (c) remove any proprietary notices, labels, or marks on the Site; (d) attempt to derive any source code or underlying ideas or algorithms of any part of the Site; or (e) use the Site in a manner that (i) infringes or violates anyone’s intellectual property, privacy, or other rights; (ii) is unlawful; (iii) is harmful, deceptive, threatening, abusive, harassing, tortious, obscene, libelous, or otherwise objectionable in our sole discretion; or (iv) involves commercial activities or sales without our prior written consent. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Site is strictly prohibited.
This Site may allow you to upload, download, store, or transmit user-generated data or information, including personal information such as your name, photo, or contact details (“User Content”). YOU BEAR ALL RISK, AND WE WILL NOT BE LIABLE FOR, THE USER CONTENT THAT YOU OR OTHERS POST TO THE SITE.
If you provide any comments, feedback, information, or materials regarding this Site (“Feedback”), you agree that: (1) you are the owner of such Feedback; (2) the Feedback does not violate the rights of any third party; (3) the use of any Feedback will not result in harm or personal injury to any third party; and (4) all factual information contained in the Feedback is true and accurate. By submitting Feedback to this Site or by providing Feedback while interacting with this Site through social media platforms (such as using a promoted hashtag), you grant us a non-exclusive license to use that Feedback in connection with our business or our operation of this Site.
With respect to all User Content other than Feedback, we have a nonexclusive, worldwide, royalty-free, assignable, sublicensable, perpetual right and license to use, copy, display, modify, sell, or transfer that User Content or modified versions thereof.
You may not upload, post, or transmit any User Content that: (1) would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of The Wildest or any third party; (2) is obscene, profane, offensive, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity; (3) violates any applicable law, statute, ordinance, or regulation; (4) puts in jeopardy the security of your account, The Wildest, or this Site; or (5) promotes or references drugs, alcohol, tobacco, weapons, or illegal conduct. We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any User Content for any reason.
Links and Third Party Materials
This Site may include links to other websites, resources on the Internet, or utilize the services or content of our partners or other third parties (collectively, “Third Party Materials”). We are not liable for, and you assume the risk of using or downloading, any Third Party Materials.
Rebates and Discounts
We may offer you a discount, coupon, or rebate for certain third-party products in connection with a special promotion, pilot program, or for customer appreciation (“Promotions”). While we take reasonable steps to make sure any such Promotions are valid and legitimate, we cannot guarantee that they will be honored, valid, or otherwise redeemable by third parties. We will not be liable for any damage or loss caused by your use of or reliance on any Promotions.
Ownership of Intellectual Property
The Wildest or its licensors exclusively own all right, title and interest in and to this Site, The Wildest Materials, and The Wildest Content, including without limitation all ideas, inventions, inferences, discoveries, software code, developments, derivative works, upgrades, patches, formats and processes, and all images, trademarks, service marks, logos and icons displayed therein or related thereto (collectively, “The Wildest IP”). Except as expressly provided in this Agreement, you have no right, license, or authorization to any of The Wildest IP. You shall not assert any claims to the contrary or do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any of The Wildest IP, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm The Wildest’s right, title and interest in The Wildest IP. The Wildest is not transferring or granting to you any right, title, interest, license, or other permission in or to any of The Wildest IP. Any unauthorized use of any The Wildest IP, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Trademarks owned by third parties are the property of those respective third parties.
Registration Information and Account Access
Access to certain features on this Site may require you to be registered with us via a The Wildest-generated registration form. You must truthfully provide the information requested on the form.
You must immediately notify us if your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You are responsible for maintaining the confidentiality of your username and password. You are responsible for any damages to us or this Site resulting from unauthorized access to this Site from your account. We will have no liability to you or any third party for such unauthorized access or use.
Mobile Use and Text Messaging
We are not liable for any fees you incur from your mobile provider. Please review ourPrivacy Statement for information on how we administer SMS text messaging, including details on how to opt-out.
The Site is Provided “As Is” and “As Available”
THIS SITE AND ANY CONTENT THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT MAKE ANY WARRANTIES BEYOND THOSE ON THE FACE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES. SOME JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE EXCLUSIONS IN THIS AGREEMENT MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS THAT MAY APPLY TO THIS AGREEMENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW,WE SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE. YOU OBTAIN, DOWNLOAD, USE, AND RELY UPON MATERIAL ON OR LINKED TO ON THIS SITE AT YOUR OWN RISK, AND WE WILL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT. IF YOU ARE DISSATISFIED WITH THIS SITE OR THIS AGREEMENT YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE, PURCHASE OF ANY PRODUCTS, ANY COMMUNICATIONS BETWEEN YOU AND US (INCLUDING COMMUNICATIONS THROUGH THIRD PARTIES), AND YOUR RIGHTS UNDER THIS AGREEMENT EXCEED THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLY THE CLAIM(S).
You Must Indemnify Us For Claims Involving Or Connected To Your Conduct
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE WILDEST, OUR OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, PARTNERS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, OR EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR YOUR VIOLATION OF THIS AGREEMENT, ANY LAW, OR THE RIGHTS OF ANY THIRD PARTY.
Delaware Law Governs The Agreement
This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Delaware without reference to its conflicts or choice of law principles. You irrevocably submit and consent to the personal jurisdiction of such courts.
Dispute Resolution by Binding Arbitration and Class Action Waiver
You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Site, to any products or services sold or distributed through the Site, including any subscription arrangement, or to any aspect of your relationship with The Wildest, will be resolved by binding arbitration pursuant to the Federal Arbitration Act, rather than in court, except that you may assert claims or seek relief in small claims court if your claims qualify. Arbitration shall be submitted to the American Arbitration Association (AAA) pursuant to the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: https://www.adr.org/consumer. All disputes, claims, or requests for relief shall be arbitrated either by telephone, online, or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless you and we agree otherwise. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. You and The Wildest will each bear their own costs and attorneys’ fees in the event of a dispute, provided, however, that the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees to the extent permitted by applicable law or under applicable arbitration rules. The entire dispute, including the scope and enforceability of this arbitration provision and arbitrability of any dispute, shall be determined by the arbitrator. This arbitration provision shall survive the termination of this Agreement. Nothing in this section is intended to limit the relief available to either you as an individual or The Wildest in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Delaware: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our family company’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities.
YOU AGREE TO WAIVE YOUR RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS OR THROUGH PARTICIPATION IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. CLAIMS OR DISPUTES OF MORE THAN ONE USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any of this limitation on class proceedings as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in New Castle County, Delaware.
You shall have thirty (30) days from the earliest of the date that you visit the Site, make a purchase, or submit information through the Site to opt out of this arbitration provision and class action waiver, by contacting us by email at firstname.lastname@example.org. If you do not opt out by the earliest of the date that you visit the Site, make a purchase or submit information through the Site, then you are not eligible to opt out.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically are sufficient and satisfy any legal requirement that such communications be in writing.
This Is The Entire Agreement
This Agreement and any hyperlinked policies and procedures constitute the entire agreement between you and The Wildest and supersede all prior agreements, both oral and written, concerning the subject matter of this Agreement.
Term, Termination, and Survival
This Agreement is effective at the moment you first access or use the Site and continues in full force until terminated by you or us. We may also Terminate the Agreement for any other reason, and at any time.
The provisions of this Agreement related to our intellectual property rights, User Content, acceptable use, disclaimer of warranties, indemnity, limitation and liability, and dispute resolution, including the class action waiver, and any other rights and obligations which are by their nature intended to survive termination, will survive any termination of this Agreement.
Waiver and Severability
Our failure to enforce any provision of this Agreement is not a waiver of our right to enforce them.
If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement.
Assignment Of Rights And Obligations
You may not assign, transfer, or sell your rights or obligations under this Agreement, nor delegate your duties under this Agreement to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of this Agreement. We may assign this Agreement or delegate or subcontract our obligations under this Agreement at any time.
Contact us here:https://www.thewildest.com/contact-us
NOTICE TO CALIFORNIA RESIDENTS
With respect to any electronic commercial service offered on or through the Site, California residents are entitled to the following specific consumer rights information:
The provider of the Site is:
6885 Elm Street
McLean, VA 22101
To file a complaint regarding the Site, or to receive further information, send a letter to the attention of “Legal Department” at the above address or contact Mars via e-mail at email@example.com (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210.