Terms & Conditions

Terms of Use

Last updated February 7th, 2022


Welcome to wola-co.com and other online locations such as Facebook and Twitter (together, the “Website”) of Way Of Life Athletic, Inc. (“we,” "our" or “WOLA”). The content and services available on the Website are subject to the following terms of use (“Terms”). By accessing or using the Website, you acknowledge that you have read, understand and agree, without limitation or qualification, to be bound by these terms, which include our privacy policy. If you do not agree to these terms, please do not use the Website.

We may revise these Terms at any time by posting the revised version on the Website which will apply to your use after that date. Your use of the Website after a revision will constitute your acceptance of the revised terms. The date of the last revision is posted at the top of this page.

Privacy Policy

Please review our privacy policy, which also governs your visit to the Website. If you do not agree with the privacy policy, you are not authorized to use the Website. The terms of the privacy policy are incorporated in these terms by reference.

Disclaimer of Warranties

The Website and all content on the Website is provided to you on an "as is, as available” basis without warranty of any kind. We make no representations or warranties that use of the Website will be uninterrupted or error free, or as to any results that may be obtained by use of the Website. To the extent permitted by applicable law, we expressly disclaim all warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty as to the accuracy, completeness, reliability or availability of the Website or any content available through the Website. You expressly agree that your use of the Website is at your sole risk.

Products and Product Information

We attempt to be as accurate as possible when describing our products on the Website. However, to the extent permitted by applicable law, we do not guarantee that the product descriptions, colors, sizes, prices or other content available on the Website are accurate, complete, reliable, current, or error-free. Unless otherwise prohibited by law, we reserve the right to change or substitute any products offered for sale on the Website, and the prices or descriptions of any products, at any time without any notice or liability to you or any other person. We reserve the right to limit quantities of products sold or made available for sale on the Website and to decline any purchase. The Website content and products available on the Website may be out of date or differ slightly from the actual products.

Permitted Users

The Website is provided for the personal use of persons over 13 years old or older who are US residents. Registration and product sales are for persons who are 18 years old or older. If you are 13 - 17 years old, by browsing the Website you confirm that you have the permission of a parent or guardian to do so.

Intellectual Property

You agree that the Website and its content, including without limitation any patents, copyrights, trademarks, inventions or any other intellectual property rights, are owned by Way of Life Athletic, Inc. or our affiliates, partners or licensors.

copyright: All content available on the site, including but not limited to text, graphics, logos, buttons, icons, images, audio, video, data compilations and software, and the compilation thereof, and the look and feel of the site, is the copyright and property of Way of Life Athletic, Inc., our affiliates, partners or licensors, and is protected by United States and international copyright laws.

trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress displayed on the Website are the registered and unregistered marks of Way of Life Athletics, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.

Except as set forth in the limited license section below, or as required under applicable law, neither the copyrights, trademarks, other intellectual property nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

Limited License

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. This limited license prohibits and does not permit you to: (i) frame or utilize framing techniques to enclose the Website or any portion thereof; (ii) modify, download, reverse engineer or decompile the Website or content (except caching or as necessary to view the Website); (iii) make any use of the Website or content other than personal use; (iv) create any derivative work based upon the Website or content; (v) collect another’s account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the trademarks or to otherwise use the trademarks; (vi) use software, automated devices, robots, spiders, crawlers, scripts or similar data gathering and extraction tools or otherwise collect and/or use any product listings, descriptions, price or similar information; or (vii) take any other action that may impose an unreasonable burden or load on our infrastructure or interfere with the operation of the Website or that may adversely affect performance of the Website or restrict any other user or WOLA from using or enjoying the communication services or the Website.

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of wola-co.com for personal, non-commercial use only. A third party Website that links to wola-co.com (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such Website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial or damaging to the goodwill associated with our name and trademarks, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services or opinions; (vi) may not use our name or trademarks other than in identifying the link;wola-co.com and (viii) must display wola-co.com on full-screen and not within a “frame” on the linking Website. we may, in our sole discretion, request that you remove any link to wola-co.com, and upon receipt of such request, you shall immediately remove such link.

Any unauthorized use by you of the Website terminates the limited license set forth in this section without prejudice to any other remedy provided by applicable law or these terms. Immediately upon any such termination you shall remove any hyperlink to the Website.

Website Promotions

Details for any promotions available on the Website are explicitly stated in the Website, email, advertisement, article or other location describing the promotion, such as eligibility requirements, dates of availability, contents of the promotion, etc.

The following applies to all promotions, but if different from these terms, the promotion details on the Website will control: (1) Dates of availability are assumed to be from 12:00:01 am eastern on the start date through 11:59:59 pm eastern on the end date. All times are eastern time zone. Daylight savings is in effect when applicable. (2) An eligible purchase must be completed on wola-co.com during the dates of availability as specified. Purchases prior to or after the dates of availability are not be eligible. (3) Promotions are only available while supplies last. A promotion may expire early due to limited quantities on gift with purchase items. (4) All requirements of the promotion as specified must be met in order to successfully redeem a promotion. This may include, but is not limited to; purchasing a specific product, making a purchase for a specific dollar amount, being signed in as a registered member, or having specific information in your membership account. (5) A promotion may not be compatible or used with other promotions on the same order. (6) Promotional offer has no cash value and cannot be resold or transferred. (7) WOLA reserves the right to cancel, suspend or modify part or all of any promotional offer at any time without notice, for any reason in its sole discretion. (8) Returns must include any promotional gift(s) to qualify for full refund. Partial returns must include any promotional gift(s) to quality for a partial refund if the unreturned portion of the order fails to meet the original requirements to qualify for the promotional gift. Promotional gifts may not be exchanged.

Your Account

You may choose to create an account on the Website by registering with us or using third-party sign on services (e.g. Facebook Connect). If you use a third-party sign on service, you expressly authorize WOLA to access your account information maintained by identified third-party data service providers, on your behalf in connection with your use of the Website. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw approval of, your registration at any time for any reason. In registering an account, you agree to provide, maintain and update information that is true, accurate, current and complete about yourself.

When you register an account, you will select a email address/username and password to be used to access your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account, username and/or password. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these terms or if we decide, in our sole discretion, that it would be in our best interests to do so.

Your Orders

In connection with any order placed on the Website, payment in is due and payable to WOLA immediately upon sale and must be remitted by valid a third party payment service provider selected by WOLA. You agree to provide accurate, complete, and current information requested for orders placed on the Website, including, without limitation, credit card and other billing information. All purchases are subject to the Terms and any additional terms and conditions, including any fees, imposed by your financial services provider as applicable. You hereby authorize WOLA to debit the total cost of said purchase and to be responsible for all associated charges. Should charges for which you are responsible fail at the time payment is required, you will be responsible for all costs and fees associated with any and all efforts by WOLA, in connection with WOLA's efforts to be paid such amounts due, including but not limited to any attorney fees and other legal expenses. Unless otherwise indicated there are no refunds for any service or content you may purchase. You agree to pay all charges incurred by you or any users of your credit card or other payment mechanism at the price(s) in effect when such charges are incurred. You are also responsible for paying any applicable taxes relating to your orders.

Third Party Links

The Website may contain links to websites or other online locations operated by other parties. We provide these links as a convenience, and use of these websites or other online locations is at your own risk. The linked websites or other online locations are not under the control of WOLA, and we are not responsible for the content available on the other websites or other online locations. These links do not imply WOLA’s endorsement of information or material on any other website or online location and WOLA disclaims all liability with regard to your access to and use of the links or linked websites or other online locations or content. You should carefully review the terms and conditions and privacy policies of all linked websites or other online locations that you visit.

Social Media

Our Website may contain social media features such as the Facebook Like button and widgets for other social media such as Pinterest, Twitter, and Instagram. These social media features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy and terms of use of the company providing the feature or widget. You should carefully review the terms and conditions and privacy policies. Please be mindful that not all accounts, usernames, sites, handles, pages etc. that make use of the name "WOLA" or "Way of Life Athletic" are actually provided by us. Additionally, we may not respond to comments or questions posted via social media. If your submission to our social media pages or feeds contain questions or comments for WOLA, we may respond publicly or privately; however, we encourage anyone with questions or comments to visit our website at www.wola-co.com or to contact us at info@wola-co.com.

Reviews, Comments, Communications, and Other Content

The Website may contain areas for you to post reviews, share your story, submit comments and other content, and message or communication facilities to enable you to communicate with other users, the Website and WOLA. You acknowledge that your submissions may become available to others on the Website and elsewhere. You agree to post only submissions or materials that are appropriate for general audiences and not confidential or private.

In addition to your obligations stated elsewhere in these terms, you also agree that the following actions are prohibited and a material breach of these terms. by way of example and not limitation, you agree that you will not:

(1) aggregate, copy, duplicate, publish or make available any content to third parties outside the Website in any manner;

(2) defame, abuse, harass, stalk, threaten or otherwise violate the privacy or publicity rights of others, or impersonate anyone else or misrepresent your identity or affiliation;

(3) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, offensive, infringing, obscene, indecent or unlawful topic, name, material, content or information;

(4) upload or download files that contain any content protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions;

(5) upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

(6) use the Website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation, or hack or violate any security measures;

(7) falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; or

(8) engage in any other action that, in our judgment, exposes us or any third party to potential liability or detriment of any type.

If you post content or submit material, you grant WOLA and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any such content in any form throughout the world in any media whether now known or hereafter developed, alone or as part of other works. You further grant WOLA and our affiliates the right to use the name that you submit in connection with such content in our sole discretion. You represent and warrant that you own or otherwise control all rights to the content that you post, that the content is accurate, use of the content does not violate these terms and will not cause injury to any person or entity. You waive the opportunity to inspect or approve such use, and any obligation to identify you in connection with a submission. You agree to indemnify WOLA, its subsidiaries, affiliates, partners or licensors, and their respective officers, agents, partners and employees, against any loss, liability, claim, or demand, including attorneys’ fees, relating to content you supply to the Website. It is our policy to decline any unsolicited suggestions or ideas. In addition to the foregoing regarding submissions, any unsolicited suggestions or ideas will be treated as non-proprietary and non-confidential and will not be returned. We may use any intellectual property or other rights in any submission for any purpose, including, without limitation, for developing, manufacturing, distributing and marketing new products.

WOLA may, but is under no obligation to, monitor and edit or remove any activity or content at its sole discretion. we take no responsibility and assume no liability for any content posted by you or any third party. WOLA does not necessarily endorse any opinion or statement contained in any submission.

Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement

We may, in our sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent a notice containing the following information:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(3) a description of where the material that you claim is infringing is located on the website (providing url(s) in the body of an email is the best way to help us locate content quickly);

(4) your name, address, telephone number, and email address;

(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached by sending an email to: info@wola-co.com.

 

Disputes and Applicable Law

These terms shall be governed by, and will be construed under, the laws of the state of New Jersey, United States of America, without regard to choice of law principles. You agree that any dispute which may arise out of, under, or in connection with your visit to or use of the Website shall be submitted to binding arbitration in New Jersey administered by the American Arbitration Association in accordance with its rules, and the judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. However, to the extent you have violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. You agree that no claim arising out of these terms of use or your use of the Website may be brought as a class action, and no arbitration under these terms shall be joined with an arbitration involving any other party under these terms, whether through class arbitration proceedings or otherwise.

The Website is controlled in the United States and directed to individuals residing in the United States. those who choose to access the Website from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent applicable. Access to the Website is prohibited from jurisdictions where the Website or content is illegal or penalized. WOLA reserves the right to limit the availability of the Website and content to any person or jurisdiction in its sole discretion.

Limitation of Liability

Under no circumstances shall we or our affiliates, partners or licensors be liable to you or any other person for any indirect, incidental, consequential, or punitive damages arising out of or relating to these terms, or access to or use of the Website or its content, or submissions to the Website, even if WOLA has been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Website and terminate these terms. These limited remedies shall apply notwithstanding any failure of their essential purpose. Certain state laws do not allow limitations on implied warranties or the exclusive or limitation of certain damages so these limitations and exclusions apply to you to the extent permitted by applicable law. YOU AGREE OUR TOTAL LIABILITY IN THE AGGREGATE FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY SHALL NOT EXCEED FIFTY DOLLARS ($69).

Indemnification

You agree to indemnify, defend and hold WOLA, its subsidiaries, affiliates, partners or licensors, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of (a) your use of or any reliance on the Website or any of its content, products, services or activity; (b) any content or materials posted on or submitted to the Website by you or third parties; (c) a breach of these terms or the privacy policy, any applicable laws, or our rights or those of any third party; and (d) any activity related to your account or any person accessing the Website using your account.

Termination

You may terminate these terms by providing written notice to us. Upon such termination, you shall cease all use of the Website and we shall be permitted to delete your account and any and all information associated therewith.

We may, with or without prior notice, terminate any of the rights granted by these terms. you shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

Notice Required by California Law

Pursuant to california civil code section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, and address of the provider of this service is Way of Life Athletic:

Way of Life Athletic, Inc.

206 Oak Ridge Avenue

Summit, NJ 07901

 

Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to info@wola-co.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227.

 

General Information

(a) You acknowledge and agree that these terms of use, which include our privacy policy and other terms and rules referenced herein, constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications. (b) Nothing contained in these terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. (c) Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. (d) In the event that any provision of these terms and conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole. we will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

WOLACO (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@wolaco.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Summit, New Jersey before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which WOLACO’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Questions?

If you have any questions regarding these terms and conditions, please contact us at info@wolaco.com