For The Wild Ones, LLC
TERMS & CONDITIONS
Effective Date: July 1, 2026 · Last Updated: July 1, 2026 · Governing Law: Commonwealth of Virginia
Last Updated: June 24, 2026
The website forthewildones.co, all of the various pages contained therein, including subdomains, as well as your use of the products and services offered therein, are maintained and operated by The MoMo Studio, LLC, doing business as (DBA) For The Wild Ones, which is defined below.
Please read these Terms of Service (“Terms”) carefully as they describe your relationship with us and govern your use of For The Wild Ones’ website and the products and services provided by us. These Terms will also govern your use of any other websites that currently exist, may exist, or may be created by us in the future; along with associated widgets, mobile applications and other distribution platforms. (All of the foregoing shall hereafter be referred to as the “Site.”)
We reserve the right to amend these Terms. Any changes made will be posted here and will take effect on the date posted on our Site.
1. Legal Agreement
These Terms are a legal agreement between you and us. They contain important information regarding your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Site, you: (i) acknowledge you have read, understand, and agree to be bound by these Terms; (ii) agree to comply with all applicable laws, rules and regulations with respect to your use of the Site; and (iii) represent you are an adult and have the legal capacity to enter into contracts in the jurisdiction where you reside.
Our permitting you access to our Site is conditioned on your agreeing to all of the Terms, including your compliance with our policies, including our Privacy Policy, as well as our agreement to arbitrate individual disputes, instead of using class actions or jury trials. The Site may not be used in any way that is not expressly permitted by these Terms and our related Privacy Policy.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS, BROWSE OR USE OUR SITE + SHOULD DISCONTINUE YOUR ACTIVITIES IMMEDIATELY. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT PURCHASE OR USE ANY PROGRAM, SESSION, CLASS, EVENT, OR ACCESS FREE OR PAID CONTENT. IF YOU ACCESS THE SITE, YOU ARE AGREEING TO THESE TERMS, OUR PRIVACY POLICY AND/OR ANY OF THEIR PARTS, AS UPDATED OR REVISED, FROM TIME TO TIME.
Acceptance at Checkout. When you purchase, book, or register for any Offering, you may be asked to check an “I agree” box confirming you have read and agree to these Terms. By checking that box (or by otherwise accessing or using the Site or attending any Offering), you acknowledge and agree to all of these Terms, including the Assumption of Risk, the Release of Liability, and the Photo, Video + Media Release set forth below.
2. Definitions
“For The Wild Ones,” “FTWO,” the “Company,” “we,” “us,” or “our” refers to The MoMo Studio, LLC, a Virginia limited liability company doing business as (“d/b/a”) For The Wild Ones, and includes the studio, pop-ups, website, services, memberships, sessions, classes, events, and products, together with its sole member, practitioners, instructors, employees, contractors, attorneys and agents (current and past) and any related individuals or entities. For The Wild Ones is a registered trade name (DBA) of The MoMo Studio, LLC; all references to “For The Wild Ones” or “FTWO” in these Terms mean The MoMo Studio, LLC operating under that name, and these Terms are a legal agreement between you and The MoMo Studio, LLC d/b/a For The Wild Ones.
Service or Services means any of the Site or other products or services provided or offered by us, including those described in these Terms, whether through a website owned, maintained or controlled by us, through a social network, a mobile application, on a cellular telephone, in person, or otherwise.
Offerings means the in-person and virtual experiences we provide, including without limitation: sound (sound bath and vibrational sound sessions), movement (beat-driven fitness, yoga, vinyasa, pilates, somatic and plyometric work, breathwork and related formats), social experiences, and coaching and cosmic/curiosity offerings (one-to-one coaching, meditation, breathwork, intention setting and release rituals, lunar rituals, oracle card readings, numerology, Vedic astrology, women’s circles, and wellness collaborations), together with related classes, pop-up events, gift cards, and digital content. Session, Class, Event, or Pop-Up means any Offering you book or attend, whether held at a venue, a third-party space, or online. Practitioner or Instructor means any individual who facilitates an Offering on our behalf. Content means all the content and materials that appear on the Site.
3. You Understand + Agree That In-Person Classes, Events + Physical Activity Are Strenuous
This Site and our Offerings are intended for use only by predominantly healthy adult individuals. They are not intended for use by minors, pregnant women, or individuals with any type of high-risk health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating or attending any form of fitness, movement, breathwork, weight loss, or wellness program, regimen, Session, Class, or Event.
If you use this Site or attend any movement-based Offering, you understand that physical exercise can be strenuous and can expose you to the risk of serious injury. As with all programs, techniques and materials related to health, exercise and fitness, we urge you to obtain a physical examination from a doctor before participating in any exercise activity.
Movement Offerings may include dynamic, high-intensity, barefoot, and/or low-light formats and may incorporate breathwork. Breathwork and intentional breathing techniques can cause lightheadedness, dizziness, tingling, changes in heart rate, emotional release, or fainting. You agree to listen to your body, modify or stop at any time, and to immediately inform the Practitioner if you feel unwell.
You acknowledge that your use of our Site and Offerings may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical, mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by us. By using our Site or attending any Offering, you hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein. You agree that by participating in physical exercise, movement, or training activities you do so entirely at your own risk.
Certain Offerings take place at third-party venues. You agree to comply with all rules of any such venue and to conduct yourself safely and respectfully on the premises.
4. Sound Healing + Vibrational Sound Sessions — Assumption of Risk + Medical Contraindications
Our sound Offerings use instruments and techniques that produce sound, vibration, frequency, and resonance, including without limitation to: crystal and metal singing bowls, drums, chimes, tuning forks, the voice, and recorded audio or music. Responses to sound and vibration vary from person to person. Sound sessions are provided for relaxation and general wellness purposes only. They are not a medical treatment, are not intended to diagnose, treat, cure, or prevent any condition, and no specific result or health outcome is promised or guaranteed.
You should consult a physician before attending a sound Session, and participation may not be appropriate for you, if you:
• Have a pacemaker, defibrillator, or other implanted electronic or medical device
• Have epilepsy, a seizure disorder, or another neurological condition
• Are pregnant, particularly in the third trimester
• Have a serious mental-health condition, including any condition that may be affected by deep relaxation, meditative states, or
altered states of awareness
• Have recently undergone surgery or have an acute injury
• Have severe tinnitus, sound sensitivity, or other hearing conditions; or
• Have any other condition that may be affected by sound, vibration, deep relaxation, or lying down for an extended period.
You are solely responsible for evaluating whether a sound Session is appropriate for you, for disclosing any relevant condition to the Practitioner, and for obtaining any necessary medical clearance. By attending, you voluntarily assume all risks associated with participation.
5. Coaching, Meditation, Breathwork + Spiritual Offerings Are Not Medical, Psychological, Religious or Therapeutic Advice
Our coaching and cosmic/curiosity Offerings — including one-to-one coaching, meditation, breathwork, somatic practices, intention setting and release rituals, lunar rituals, oracle card readings, numerology, Vedic astrology, women’s circles, and similar experiences — are provided for personal growth, educational, reflective, wellness, and/or entertainment purposes only.
These Offerings are NOT medical, psychiatric, psychological, therapeutic, religious, counseling, or financial services, and are not a substitute for advice, diagnosis, or treatment from an appropriately licensed professional. We and our Practitioners do not diagnose, treat, cure, or prevent any physical or mental condition, and do not provide therapy or mental-health treatment. Unless expressly stated by us in writing, our Practitioners are not licensed physicians, psychologists, psychiatrists, therapists, counselors, dietitians, or other licensed healthcare providers. Astrology, numerology, oracle, and similar offerings are provided for self-reflection and entertainment and should not be relied upon to make medical, legal, financial, psychological, or other important life decisions.
If you are experiencing a medical or mental-health emergency or crisis, do not rely on the Site or any Offering — contact a licensed professional or emergency services immediately. Individual results vary and no specific outcome is guaranteed.
6. You Understand We Are Not Giving Health Advice
This Site offers health, wellness, fitness, exercise, movement, sound, breathwork, mindfulness, and related information and is designed for educational purposes only. The information on this Site and provided in our Offerings is not intended to be and does not constitute health care or medical advice and must not be used to make any diagnosis specific to you. We do not employ physicians, dietitians, therapists, or other licensed health care professionals to provide the Content or Offerings, although we may from time to time collaborate with such professionals. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. If you have any concerns or questions about your health, you should always consult with a physician or
other health-care professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from a health-care professional because of something you may have read on this Site or experienced in an Offering.
This Site makes no warranty of any kind, implied or express, that you will lose weight, build muscle, gain immunity, reduce inflammation, achieve relaxation, or otherwise receive any health benefit as a result of using our Site or attending our Offerings. Individual results will vary. Moreover, because health, fitness, and wellness research is always ongoing and developing and subject to disagreement in the field, we cannot make any assurances that the information provided in our Site will be up-to-date, accurate, or complete. Your use of any information contained on this Site, and your participation in any Offering, is solely at your own risk.
7. Waiver, Release + Assumption of Risk for Participation
By booking, paying for, or attending any in-person or live Session, Class, or Event, you confirm that you are physically and mentally able to participate, that you have obtained any medical clearance you may need, and that you are participating voluntarily. To the fullest extent permitted by law, you voluntarily assume all risks of participation — including the risk of physical, mental, or emotional injury, illness, and death — and you release, waive, and discharge The MoMo Studio, LLC d/b/a For The Wild Ones, its sole member, Practitioners, instructors, staff, contractors, and any venue or facility partners from any and all liability, claims, and demands arising out of or related to your participation, whether arising from ordinary negligence or otherwise, except to the extent such release is
prohibited by applicable law.
We may require you to complete and sign a separate in-person liability waiver, release, and/or health questionnaire as a condition of attending any Offering. These Terms supplement, and do not replace, any such waiver. In the event of a conflict between these Terms and a signed in-person waiver, the signed waiver shall control with respect to in-person participation.
8. Photo, Video + Media Release
From time to time, we and our authorized representatives may photograph, film, audio-record, livestream, or otherwise capture images, video, audio, or other recordings (collectively, “Media”) at our Sessions, Classes, Events, and Pop-Ups, which may include your name, image, likeness, voice, and statements. By purchasing, booking, registering for, or attending any Offering — and by checking the “I agree” box at checkout — you grant For The Wild Ones a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, edit, publish, display, distribute, and create derivative works from such Media, in any and all media now known or hereafter developed, including for advertising, marketing, social media, and promotional purposes, without further notice, review, compensation, or approval. You waive any right to inspect or approve the finished Media and release us from any and all claims related to its use, including claims for invasion of privacy, right of publicity, or defamation, to the fullest extent permitted by law. If you do not wish to appear in Media, you must notify a Practitioner or staff member in writing before the Offering begins (for example, by emailing hello@forthewildones.co), and we will use reasonable efforts not to feature you. You understand, however, that incidental or background capture in group settings may still occur, and you are responsible for positioning yourself accordingly. This release does not authorize any use that falsely implies your endorsement of a third-party product or service without your separate consent. Private One-To-One Coaching Sessions will not be used for media purposes unless explicitly agreed to by you and the practitioner.
9. Your Use of the Site Is Restricted
You may access, browse and use the Site and its content only for limited purposes. Your use is limited to your personal, non- commercial use of the Site. If you are posting content on our Site, or submitting any material (including, without limitation, comments, blog entries, social media postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text or deliver or post any material, including photographs, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You acknowledge and agree that any contributions originally created by you for us, including social media posts, shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to the Company from their creation. Thus, the Company shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as the Company determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire”
under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to the Company all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights. Any posted material which are reproductions of prior works by you shall be co-owned by us. You acknowledge that the Company has the right but not the obligation to use and display any postings or contributions of any kind and that the Company may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason
whatsoever. You may access portions of the Site without purchasing anything or creating an account. There is, however, Content and Offerings on this Site which are available only if you create an account or make a purchase. When any of the Services on the Site require you to open an account or otherwise provide user or registration information, including user name and password (“User Information”), you must complete the registration process by providing us with complete, truthful and accurate information. You are responsible for maintaining the confidentiality of your username, password and other information used to register and sign in to the Site, and you are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at hello@forthewildones.co or at For The Wild Ones, [business mailing
address]. In the event you use the Site over any cellular/mobile devices, you hereby acknowledge that your carrier’s normal rates and fees will still apply. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. When using the Site, you shall be subject to all displayed rules and policies. Such rules and policies are hereby incorporated by reference into these Terms. We may also offer other content and/or services that are governed by different Terms.
10. We Respect Your Privacy
To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign up for a particular feature of the Site, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy. We respect your privacy. Our Privacy Policy constitutes a part of these Terms and explains how we collect, use and protect your personal information. By accepting these Terms, you agree to our collection and use of your personal information as described in our Privacy Policy.
11. We Own Our Intellectual Property
The Company is the exclusive owner or licensee of all the Content, and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademark and patent rights (the “IP”). Our Content includes, but is not limited to, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Site.
All trademarks, trade names, copyrights, logos and service marks, whether or not registered (collectively, the “Marks”) relating to or constituting our IP are our exclusive property. The Site and our Services and Content are protected by copyright, trademark, and other laws of the United States and other countries. Unauthorized use of any of the Marks is strictly prohibited by law. All third-party trade names, trademarks, logos and service marks, if any, that appear in or on the Site are the property of their respective owners. You do not acquire any ownership interest in the IP or the Marks by accessing, browsing or otherwise using the Site. You may not reproduce, copy, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of our IP
or Marks. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and
other proprietary notices. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the
Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property. We may prevent unauthorized use of the Site via technological means. You agree not to circumvent or attempt to circumvent these means. You agree that any attempted or actual circumvention, or otherwise unauthorized use, by you or anyone on your behalf will
result, at minimum, in the termination of all your rights to our products and Services under these Terms. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Company infringe your copyright, you, or your agent, may send to the Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice. If you believe in good faith that a notice of copyright infringement has been wrongly filed
against you, the DMCA permits you to send to the Company a counter-notice. All notices and counter-notices must meet the then- current statutory requirements imposed by the DMCA. The Company’s Copyright Agent for notice shall be hello@forthewildones.co.
12. Please Use Our Site Responsibly
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities or links to other message or communication facilities such as social media groups, designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Further, you agree that your use of the Site is solely for private and personal purposes. You further warrant and represent that you will not engage in any of the activities that expose you to civil and/or criminal liability. We do not control the messages, information or files that you or others may provide through the Site.
It is a condition of your use of the Site that you do not:
• Restrict or inhibit any other user from using and enjoying the Site.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or
entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements,
procedures, policies or regulations of the networks we use to provide the Site.
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such
as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic,
profane or indecent information of any kind.
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others.
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or
that contains advertising.
• Use the Site to advertise or solicit anyone to buy or sell products or services, or to make donations of any kind, without our
express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the
Site.
The Company may host message boards, chats and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to such forums in the future. The Company or its designated agents may remove or alter any user-created content at any time for any reason. The Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The Company has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
13. Payments, Bookings, Cancellations + Refunds
Some of the Content and Offerings on our Site can only be accessed if you purchase or book them, including individual Sessions or Classes, multi-session packages, gift cards, private or group events, and any digital content. The details and current prices of these products and Offerings are available in various areas of the Site. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or Services provided by us, your account may be closed without warning or notice at our sole discretion.
We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting on the pricing page, in these Terms, or elsewhere on the Site. Cancellations. Unless otherwise stated at the time of booking, cancellations are currently not offered. This is subject to future change.
14. Third-Party Websites
The Site may contain links to websites of third parties. If you click these links, you will leave our Site. These third parties and their websites are not under our control. We are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies and should review them carefully. You expressly release us from any and all liability arising from your use of any third-party website, service or content.
15. Credit Card Processing
The payments for our Services are processed by a third party, using the third party’s secure software. That third party is responsible for the processing of credit card payments and the storage of credit card information for the Site. You expressly release us from any and all liability arising from the credit card processor’s processing and storage of your credit card information.
16. Geographic Reach of the Site
We administer, control and operate the Site from Virginia Beach, Virginia, United States of America. The Site is accessible worldwide. However, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Site or our Content and/or Services are appropriate or authorized for use in all jurisdictions. If you choose to access, browse or use the Site, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and/or geographic area. Any offer for any feature or function made on the Site is void where prohibited.
17. Our Liability Is Limited
AS A USER, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE. THUS, EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL THE MOMO STUDIO, LLC (D/B/A FOR THE WILD ONES), ITS SUBSIDIARY OR PARENT COMPANIES OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ANY OFFERING, OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE MOMO STUDIO, LLC (D/B/A FOR THE WILD ONES) TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT PAID BY YOU TO US FOR YOUR USE OF THE SITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM.
Some jurisdictions do not allow the disclaimer of implied warranties or the exclusion or limitation of consequential or incidental damages, so the foregoing disclaimers may not apply to you; in such jurisdictions, our liability shall be limited to the fullest extent permitted by law. If any particular type of damage cannot be waived or disclaimed under the law, then the remainder of the disclaimer will remain valid.
18. Procedure for Making Complaints
If you believe that your rights, or the rights of a third party, are being violated in any way by any content accessible on or through the Site, including copyrights, please contact us at hello@forthewildones.co.
19. Statute of Limitations
You and we agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Site, or our Content and/or Services, Terms and/or Privacy Policy must be filed within twelve (12) months after such claim or cause of action arose or be forever barred.
20. Assignment
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. You may not transfer or assign your rights and obligations under these Terms to any third party without our prior written consent.
21. Modifications
We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Site at any time, and such revisions will become effective upon the earlier of (i) posting of the revisions to the Site, or (ii) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the “Last Updated” date at the top of these Terms to ensure you are familiar with the most recent version. Your continued use of the Site after the effective date of the revisions signifies your acceptance of any such revisions.
22. Termination
You may discontinue your use of our Site at any time without informing us. We may, without prior notice, change the Site and any of our Content and/or Services, stop providing them or any of their features to you or to users generally, or create usage limits for our Site. We may permanently or temporarily terminate or suspend your access to our Site without notice and without liability for any or no reason, including if, in our sole determination, you violate any provision of these Terms. Upon termination of your access to or ability to use our Site, your right to use or access any Service and/or any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive, including, but not limited to, ownership provisions, warranty disclaimers, limitations of liability, the assumption-of-risk and release provisions, and the dispute resolution (arbitration) and class waiver provisions. Termination shall not relieve you of any obligations arising or accruing prior to such termination.
23. Indemnity
You agree to defend, indemnify and hold harmless us and our employees, contractors, agents, professional advisers, members, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to actual attorney’s fees and costs) arising from: (i) your use of and access to the Site or any Offering, including any data or Content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms and/or our Privacy Policy; (iii) your violation of any third-party right, including any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your account; and/or (vi) any other party’s access and use of the Site and any of the Site’s Services and/or Content with your unique username,
password or other appropriate security code. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, including the right to select counsel of our choice and to compromise or settle any such claims.
24. Released Parties
To the fullest extent permitted by law, you release us and any of our trustees, members, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) disputes between users, including those between you and other users; (ii) third-party sites and services, including Content found on such sites and services; (iii) disputes concerning any use of or action taken using your account; and (iv) claims relating to the unauthorized access to any data communications or Content stored under or relating to your account.
25. Governing Laws
You agree the laws of the United States of America and, more specifically, the laws of the State of Virginia, without regard to any principles of conflicts of laws, will govern these Terms, your use of the Site, and all matters relating to your access to, and/or use of, the Site, including all disputes between you and us. You also agree that: (i) the Site shall be deemed solely based in Virginia; and (ii) the Site shall be a passive site that does not give rise to personal jurisdiction over us, either specific or general, in any jurisdiction other than Virginia.
26. Dispute Resolution
Any dispute, claim or controversy arising out of or relating to the Site, our Privacy Policy, and these Terms, as well as any claim relating to the interpretation or validity of this Agreement, including but not limited to the determination of the scope or applicability of this agreement to arbitrate, shall be brought and determined by final, binding arbitration in Virginia Beach, Virginia, before one arbitrator. You and we waive our respective rights, if any, to bring any claim that is subject to this arbitration provision as a class action or otherwise on a representative basis. In the event this provision is held unenforceable and the matter is permitted to proceed in arbitration as a class or representative action, then the entirety of this arbitration agreement (including all subparts) shall be void and of no further effect, and either party may proceed to pursue the action in court. Notwithstanding the foregoing, either party may bring an individual action in small claims court (provided the claim otherwise qualifies) as an alternative to proceeding with arbitration. You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following: Within 15 days of your first accessing the Site, you must send a letter to us at For The Wild Ones. [business mailing address], specifying (1) your name, (2) your IP address(es), (3) your email address, (4) your mailing address, and (5) your request to be excluded from the final, binding arbitration provision and class action waiver specified in these Terms. Your request to be excluded will only be effective and enforceable if you can prove the request was postmarked within the applicable 15-day deadline.
27. Alternative Jurisdiction
If any court of competent jurisdiction finds these arbitration and/or class action waiver provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the federal and state courts located in Virginia Beach, Virginia, and the related appellate courts, in any related action or proceeding. Further, you irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts in Virginia Beach, Virginia, and agree not to raise any claims as to Virginia Beach, Virginia being an inconvenient forum.
28. Waiver
Our failure to enforce any rights or provisions of these Terms shall not be deemed a waiver or relinquishment of such rights or provisions. Any waiver of any right or provision of these Terms must be in writing.
29. Severability
If any part of these Terms is determined to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations stated elsewhere herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
30. Entire Agreement
These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Site, including our Privacy Policy; provided, however, these Terms shall prevail in the event of a conflict with any such other documents (except a signed in-person waiver, which controls as to in-person participation). Any rights not expressly granted in these Terms are reserved to us. These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Site.
31. Electronic Record Keeping
A printed version of these Terms, our Privacy Policy, and of any notice given in electronic form shall be admissible in any and all judicial, arbitration, or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
32. Miscellaneous
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof. These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of or successors and assigns. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. The headings in these Terms are for convenience only and have no legal or contractual effect. “Include,” “includes,” and “including” herein mean including without limitation. These Terms and your use of the Site do not, and shall not be construed as, creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship of any kind between the parties.
33. Questions
You may contact us concerning any question about the Site or these Terms at hello@forthewildones.co