WildAid Terms of Use

Last Updated: March 24, 2026

Welcome! We appreciate your interest in WildAid (“WildAid,” “we,” or “us”). These Website Terms of Use (the “Terms“) govern your access to and use of our website at https://wildaid.org, as well as any related websites that link to these Terms (collectively referred to herein as the “Website”). These Terms are a legally binding contract between you and WildAid regarding your access to and use of the Website.

 

PLEASE READ THESE TERMS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER AND MASS ARBITRATION PROCEDURES, THAT AFFECT YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH WILDAID. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED IN SECTION 11 BELOW.

 

BY USING THE WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE AGREED TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE.

 

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Website’s user interface, in an email notification, or through other reasonable means and as required by applicable law. Except where otherwise prohibited by applicable law, your continued use of the Website after the date any such changes become effective constitutes your acceptance of the new Terms.

 

  1. Access to and Use of the Website

 

1.1 Use of the Website. The Website is provided solely for your personal and non-commercial use.  We grant you a limited, non-exclusive, non-transferable, license to access and use the Website for these purposes. Except for the foregoing limited license, no right, title or interest shall be transferred to you.  We may revoke your license at any time in its sole discretion.

 

1.2 Modifications to the Website. We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, unavailability or discontinuance of the Website.

 

1.3 Restrictions on Use. You agree to not use the Website to: (i) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (ii) violate any applicable local, state, national or international law, or any regulations having the force of law; (iii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; and (iv) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website.

 

  1. Eligibility

You must be at least thirteen (13) years of age to access or use the Website. If you are under the age of eighteen (18), you may use the Website only with the involvement and consent of a parent or legal guardian. By accessing or using the Website, you represent and warrant that you meet this eligibility requirement. Individuals under the age of eighteen (18) may not make donations or submit payment information through the Website without the authorization and supervision of a parent or legal guardian.

 

By making a donation through the Website, you represent and warrant that you are at least eighteen (18) years old or that you have obtained the consent of a parent or legal guardian to make the donation.

 

The Website is intended for use by individuals who are able to form legally binding agreements under applicable law. If you do not meet the above eligibility requirements, you must not access or use the Website.

  1. Registration

 

In order to use certain features of our Website, including donating to WildAid, registering for our events, or subscribing to our newsletters, you may be required to provide us with information about yourself, such as your name, email address or other contact information. You agree that the information you provide to us is accurate and up-to-date.

 

  1. Donations

 

4.1 Donations. Donations made through the Website are voluntary charitable contributions supporting the mission of WildAid. Unless specifically stated, donations are not restricted to a particular program. WildAid retains sole and absolute discretion over the use, allocation, and distribution of all donated funds consistent with its charitable mission, applicable law, and internal governance policies. Any descriptions of programs, initiatives, or anticipated uses of funds on the Website or in related materials are illustrative of WildAid’s general activities and goals and do not create legally binding obligations, fiduciary duties to individual donors, or enforceable restrictions on specific donations unless expressly agreed in writing. To the fullest extent permitted by applicable law, you waive any right to direct, condition, restrict, or reclaim donated funds once the donation has been completed.

 

4.2 Payment Processors. Online donations may be processed by third-party payment processors (e.g., Stripe, Paypal) (each, a “Payment Processor”). You acknowledge and agree that your use of such payment processing services may be subject to the terms, conditions and privacy policies of such Payment Processor.

 

4.3 Payment Authorization. By submitting a donation on the Website, you authorize WildAid, through its Payment Processor as applicable, to charge you for the specified donation amount through the payment method that you specify at the time of your one-time donation, or at the beginning of your recurring monthly donation and on a recurring basis each month, unless and until you cancel your recurring donation.  YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE.

 

4.4 Recurring Donations. If you select a recurring donation, your payment method will be charged automatically. When you select a recurring donation, you agree that (i) your designated payment method will be charged automatically (without advance notice of each upcoming charge, though details are available in the Donor Portal) for the donation amount  until you or we cancel the recurring donation; (ii) you are authorizing recurring payments; and (iii) the payments will be made to WildAid using your provided payment method and at the recurring intervals you have agreed to.

4.5 Cancellation of Recurring Donations. You may cancel your recurring donation at any time by contacting us, at donate@wildaid.org or via the Donor Portal link in your emailed donation receipt, at least one (1) business day prior to your next scheduled recurring charge. Cancellation will stop all future recurring payments but will not affect donations that have already been processed.

 

4.4 Refunds. We sincerely appreciate all donations made in support of our conservation efforts. Because of legal requirements and the charitable nature of donations, contributions generally cannot be refunded once they have been received. If you believe a donation was submitted in error, please contact us within 30 days of the submission. Any confirmed, mistaken or unauthorized donations will be refunded using the original method of payment

  1. Privacy

 

WildAid respects the privacy of our users. For details about our privacy practices, please see our Privacy Policy which is incorporated into these Terms by reference.

 

  1. Intellectual Property

 

6.1 Website Content. You acknowledge and agree that the Website may contain content or features (together, “Website Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by WildAid, you agree not to modify, copy, frame, scrape, reverse-engineer, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Website Content, in whole or in part. In connection with your use of the Website you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by WildAid from accessing the Website (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Website or the Website Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by WildAid.

 

6.2 Trademarks. The WildAid name and logos are trademarks and service marks of WildAid (collectively the “WildAid Trademarks”). Other product and service names and logos used and displayed via the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to WildAid. Nothing in these Terms or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of WildAid Trademarks displayed on the Website, without our prior written permission in each instance. All goodwill generated from the use of WildAid Trademarks will inure to our exclusive benefit.

6.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Website (“Feedback”), then you hereby grant WildAid an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Website and create other products and services.

  1. Third-Party Websites

 

The Website may provide, or third parties may provide, links or other access to other sites and resources on the Internet. WildAid has no control over such sites and resources and we are not responsible for and does not endorse such sites and resources. You further acknowledge and agree that WildAid will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Website are between you and the third party, and you agree that WildAid is not liable for any loss or claim that you may have against any such third party.

 

  1. Indemnification and Release

 

To the fullest extent permitted by law, you agree to release, indemnify and hold WildAid and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses (including reasonable attorneys’ fees and court costs), rights, claims, actions of any kind (including any inquiries or investigations), and injury arising out of or relating to your use of the Website, your connection to the Website, your violation of these Terms or your violation of any rights of another. WildAid reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with WildAid in the defense of such matter.

 

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

  1. Disclaimer of Warranties

 

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, AND THE INFORMATION AND CONTENT PROVIDED ON OUR WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, WILDAID EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

WILDAID MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS OR CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

  1. Limitation of Liability

 

10.1 Disclaimer of Indirect Damages. IN NO EVENT WILL WILDAID, ITS EMPLOYEES, AGENTS, CONTRACTORS, AND SUPPLIERS (“WILDAID ENTITIES“) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE WILDAID ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (IV) ANY OTHER MATTER RELATING TO THE WEBSITE.

 

10.2 Aggregate Liability. IN NO EVENT WILL THE WILDAID ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

 

10.3 Jurisdictional Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

  1. Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS OR REPRESENTATIVE ACTION.

11.1 Informal Dispute Resolution. Most disputes between you and WildAid arising from or relating to the Website or these Terms (“Disputes”) can be resolved informally, so if you or WildAid have an issue arising out of or related to your use of the services, you and WildAid agree to reach out to the other before initiating a lawsuit or arbitration, except as set forth in the Exceptions paragraph below (“Informal Dispute Resolution”). If you have a Dispute with WildAid, you must email legal@wildaid.org a written notice (“Written Notice”), which must include: (1) your name; (2) the email address(es) associated with your relationship with WildAid; (3) a detailed description of the issue; and (4) how you’d like to resolve it. If WildAid has a Dispute with you, we must email you a Written Notice to the email address associated with your relationship with WildAid.  We agree that we must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice while the parties attempt informal resolution.

The Written Notice must be provided on an individualized basis and you and WildAid agree to personally meet and confer, via telephone or videoconference, to attempt to resolve the Dispute before you or WildAid may proceed to file a demand for arbitration. If either party is represented by counsel, that party’s counsel may participate in the conference, but the party shall also personally attend the conference, unless one party states in writing that the other party is not required to personally attend.

If the dispute is not resolved within thirty (30) days after the telephone or videoconference occurs, you and WildAid agree to resolve any remaining dispute through further informal discussions or one of the formal dispute resolution provisions below.

11.2 Agreement to Arbitrate. If Informal Dispute Resolution fails, then either party may initiate binding arbitration as the sole means to resolve Disputes, subject to the provisions following this header through and including the paragraph titled “Changes to this Arbitration Agreement” (collectively, the “Arbitration Agreement”).

The parties agree that this Arbitration Agreement is made pursuant to a transition in commerce and is governed by the Federal Arbitration Act (“FAA”).  The arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”).  If JAMS is not available to arbitrate, the parties will mutually agree on an alternative arbitration provider.

 

In accordance with the notice and opt-out provisions set forth herein, this Arbitration Agreement is intended to be interpreted broadly and it applies to all Disputes between you and WildAid, including but not limited to (1) claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement, or any prior agreement; and (2) claims that may arise after the termination of this Arbitration Agreement.  This Arbitration Agreement supersedes any prior arbitration agreement between WildAid and you.

Except as set forth in the paragraph below titled “Exceptions to Informal Dispute Resolution and Arbitration Agreement,” the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes. You and WildAid further agree that  arbitrable Disputes include but are not limited to issues arising out of or relating to the interpretation, applicability, enforceability, formation, or performance of this Arbitration Agreement, including, but not limited to, any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees.

11.3 Waiver of Rights Including Jury Trial.  THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE ANY DISPUTE, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND WILDAID ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11.4 Class Arbitration and Collective Relief Waiver. YOU AND WILDAID ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS PROVIDED HEREIN BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT, YOU AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF WILDAID PROVIDES ITS CONSENT TO CONSOLIDATE IT IN WRITING.

With the exception of the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision(s) were not contained herein. If, however, the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” are found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor WildAid shall be entitled to arbitrate the dispute in question.

This provision does not prevent you or WildAid from participating in a class-wide settlement of claims.

11.5 Arbitration Rules.  Except as modified by this Arbitration Agreement, JAMS will administer the arbitration in accordance with, as applicable, the JAMS Comprehensive Arbitration Rules and Procedures, Streamlined Arbitration Rules & Procedures, Mass Arbitration Procedures and Guidelines in effect at the time any demand for arbitration is filed with JAMS, excluding any rules or procedures governing or permitting class or representative actions. The applicable JAMS rules and procedures are available at https://www.jamsadr.com/adr-rules-procedures/.

Except where prohibited by applicable law, the arbitrator shall apply the law of the State of California without giving effect to any law that would result in the applicable of the law of any other jurisdiction.  You and WildAid agree that dispositive motions will be allowed in the arbitration.

If the amount in controversy is less than $10,000, then the arbitration will be conducted solely on the basis of written materials that you and WildAid submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary; (ii) applicable law requires otherwise; or (iii) the parties agree otherwise.  If the amount in controversy exceeds.

11.6 Arbitration Demand. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to the Terms of Service. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements.

11.7 Arbitration Fees. Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties agree that JAMS has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under JAMS’ Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

11.8 Arbitration Location. The arbitration proceedings will presumptively be held via video- or telephone-conference unless (A) the arbitrator determines there is good cause to hold an in-person hearing or (B) the parties agree otherwise.  Except as otherwise provided in the paragraph titled “Mass Filings” or unless you and WildAid agree otherwise, in the event there is an in-person proceeding: if you live in the United States, any in-person proceedings will take place in the county of your primary residence or, if no arbitrator is available in that county, then at the closest arbitration location available in the state or if you live outside the United States, to the extent permissible in your country, any in-person proceedings will take place in the State of California.

11.9 Mass Filings. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to JAMS (or another arbitration provider selected in accordance with the provisions set forth herein if JAMS is unavailable) against WildAid within reasonably close temporal proximity (“Mass Filing”), the parties agree, subject to the provisions of this “Mass Filings” paragraph: (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (B) to designate one arbitrator for all demands in each batch; (C) to accept applicable fees, including, without limitation, any related fee reduction determined by JAMS (or another arbitration provider selected in accordance with the provisions set forth herein if JAMS is unavailable if JAMS is unavailable) in its discretion; (D) that fees associated with a demand for arbitration included in a Mass Filing, including, without limitation, fees owed by WildAid and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (E) that the staged process of batched proceedings, with each set including 100 demands proceeding through filing, processing and adjudication, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable JAMS rules and procedures for such selection, and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the JAMS rules. In accordance with applicable law and to the extent an in-person proceeding is deemed necessary by the arbitrator or mutual party agreement, the arbitrator will determine the location where the proceedings will be conducted.

You agree to cooperate in good faith with WildAid and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including, without limitation, the payment of combined reduced fees, set by JAMS in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and WildAid agree that JAMS may increase or decrease the batch size, transfer a case between batches, or proceed with adjudication of more than one (but no greater than five) batches at a time as determined in the reasoned discretion of the JAMS procedural arbitrator, following the input of the parties. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a JAMS procedural arbitrator.

This “Batching” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of JAMS’s Mass Arbitration Procedures and Guidelines or authorizing class arbitration of any kind.

The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a JAMS mediator selected from a group of five mediators proposed by a JAMS, with WildAid and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators. The highest collectively ranked mediator will be selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. WildAid, the remaining claimants, and their counsel, and the mediator will then have 90 days (the “Mediation Period”) from the date the results are provided to the mediator to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either WildAid or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction.  Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither WildAid nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

11.10 Arbitrator’s Authority and Arbitration Award. The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Arbitration Agreement or the Informal Dispute Resolution Process.

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the Terms of Service, including but not limited to the paragraphs titled “Class Arbitration and Collective Relief Waiver” and “Limitation of Liability” as to the types and the amount of damages or other relief for which a party may be held liable.

Except for decisions in arbitrations that are joined together in a single batch and based on the individual merits of each claim within that batch, no arbitration award or decision will have any preclusive effect. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

11.11 Exceptions to Informal Dispute Resolution and Arbitration Agreement. Notwithstanding the parties’ agreement to resolve all disputes through the Informal Dispute Resolution process and, if necessary, binding arbitration:

  • Matters involving injunctive relief and matters asserting or arising out of claims of infringement, unauthorized use or misappropriation of the other party’s patent, copyright, trademark, or trade secret (and any motions to enforce such proceedings) or in which either party is seeking to protect its intellectual property or enforce its rights therein shall be exclusively brought in the state and federal courts located in the City and County of San Francisco, California.
  • Either party may elect to have disputes or claims resolved in a small claims court regardless of what forum the filing party initially chose, provided the disputes or claims are within the scope of that court’s jurisdiction. Judgments of small claims courts may be enforced as set forth in the rules of such court.
  • Either party may apply to any court of competent jurisdiction for a provisional remedy in connection with an arbitrable controversy, including without limitation injunctive relief.
  • Either party may elect to have disputes regarding whether a complaining party has satisfied the Informal Dispute Resolution procedures resolved by a court as a precursor to arbitration.

11.12 30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt-out to the following address: legal@wildaid.org. The notice must be sent within 30 days of March 24, 2026], or your first use of the Website, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt-out of the arbitration provisions, WildAid also will not be bound by them.

If you opt out of the Arbitration Agreement, you may exercise your right to a trial by judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, you will not be opting out of any other provisions of these Terms and you agree to be bound by all other provisions of these terms, which shall remain in effect as allowable by law.

11.13 Class Action Waiver. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND WildAid THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

11.14 Changes to this Arbitration Agreement. WildAid will provide 30 days’ notice of the date of any material changes to this Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these terms on or before the 30th day or continue to use the Website after the 30th day, you agree that any unfiled claims of which WildAid does not have actual notice under the Informal Dispute Resolution process are subject to the revised clause. If WildAid changes this Arbitration Agreement after the date you first accepted it (or accepted any subsequent changes to the agreement), you agree that your continued use of the Website 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of this Arbitration Agreement by emailing an opt-out notice to legal@wildaid.org before the 30-day period expires.

  1. Jury Trial Waiver.

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WILDAID AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND WILDAID UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SERVICES.

  1. Miscellaneous

13.1 Entire Agreement. These Terms constitute the entire agreement between you and WildAid and govern your use of the Website, superseding any prior agreements between you and WildAid with respect to the Website.

13.2 Governing Law and Jurisdiction. These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 11 above, you and WildAid agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of California.

13.3 Waiver. The failure of WildAid to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

13.4 Force Majeure. Under no circumstances shall WildAid be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

13.5 Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

13.6 Electronic Notices. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

13.7 Assignment. You may not assign these Terms without the prior written consent of WildAid, but WildAid may assign or transfer this Terms, in whole or in part, without restriction.

13.8 Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.

13.9 Notices. Notices to you may be made via either email or regular mail. The Website may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Website.

  1. Contact Us

If you have any questions, comments or concerns about our Website, please email us at info@wildaid.org, or write to us at 220 Montgomery Street, Suite 437, San Francisco, CA 94104.