My wife and I were looking for a dog to join our family. We were looking for
specific characteristics in our chosen
breed. We needed a dog that could be comfortable around multiple generations. We were looking for a
mild mannered,
friendly, outgoing breed. After researching, we focused on the Wheaten breed. They not only met our
requirements but
they thrive on social interactions. The fact that they do not shed was a plus. We got our first male
dog in 1997. We
loved the breed so much we got our female next in 1998. Family and friends started asking for us to
have a litter so
they could get a Wheaten for their family. We had our first litter in 1998. Walker’s Wheatens was
founded. We love
our Wheatens. They are part of our family. We are selective with the dogs we choose for breeding. We
strive to breed
quality healthy dogs. We limit the females to one litter a year to increase the health of our pets.
As with any family
member, their health and happiness are top priorities. Our dogs visit the vet regularly for
checkups, worming, flea
and tick meds, etc. Our goal as breeders is to allow other families to enjoy Wheatens as part of
their family as much
as we love ours.
Fast forward to today, we have 7 wheatens. One breeding male, 2 breeding
females, and 2 females
that are pets, all that live with us. Both of our sons also have a breeding female. This is not
back-yard breeding and
we stick to our breeeding ethos.
Why a Walker's Wheaten?
What sets our dogs apart?
Clear and Healthy Lines
We have been raising Wheatens for more than 25 years. When we first started
pursuing breeding, we ran into
issues finding a reputable breeder. We dont want anyone to have to endure living with a pet with
health issues and strive to
provide the healthiest puppies from a transparent and legitimate breeder.
DNA Tested
Embark DNA Testing
A dog's health isnt solely a product of genetics, but of diet, environment, and lifestyle.
By performing DNA testing, we are ensuring that all of our dogs are clear of any genetic defects
and are set up to have the healthiest life possible.
We will send you infomation on Wheaten Terriers, future
litters, details on reservations with deposits, and open an avenue of communication. We will
never give your information to a third party.
Gyn Erso
Gyn Erso of Walker's Wheatens
Gyn is laid back and enjoys her quiet time.
Sex:
Female
Date of Birth:
09-06-2021
Color:
-
Size:
-
Demeanor:
-
Father:
-
Mother:
-
Maz Kantana
Maz Kantana of Walker's Wheatens
Maz is very energetic, loves to run, and lives with our son Adam and his family.
Sex:
Female
Date of Birth:
-
Color:
-
Size:
-
Demeanor:
Playful, energetic, great with kids, great with cats, center of attention...
always
Father:
-
Mother:
-
Rey Skywalker
Rey SkyWalker of Walker's Wheatens
Rey lives with our son Trent with his
family.
Sex:
Female
Date of Birth:
10-06-21
Color:
-
Size:
-
Demeanor:
-
Father:
-
Mother:
-
Sky Walker
Sky Walker of Walker's Wheatens
Sky lives with us and is our resident cuddle bug. She wants to be in your lap on the
couch and against your chest in the bed.
Sex:
Female
Date of Birth:
09-06-2021
Color:
Light coat, light black tipped ears.
Size:
Medium Build, Long Torso, Long Legs
Demeanor:
Lap dog, great with kids, protective, good support dog.
Father:
Sir Murphy Myles of Big Pine
Mother:
Izabella of Big Pine
Padme Amidala
Padme Amidala of Walker's Wheatens
Padme is super energetic and tends to be the center of any trouble in the household.
Loves to run and play outside and loves kids.
Sex:
Female
Date of Birth:
06-07-2019
Color:
Light Golden Coat
Size:
Small Build, Medium Torso, Short Legs
Demeanor:
Playful and Energetic, great with kids
Father:
L.N.C. Gilligan's Island Traveler
Mother:
L.N.C. Honey Bee-Trist
Princess Leia
Princess Leia of Walker's Wheatens
Leia is our alpha female. This is her house and she knows it. She is happiest curled
up on a dog bed with clear view of the house.
Sex:
Female
Date of Birth:
09-06-2021
Color:
Light Coat, Light Black Tipped Ears
Size:
Medium Build
Demeanor:
Alpha, Affectionate, Great with kids
Father:
-
Mother:
-
Jango Fett
Jango Fett of Walker's Wheatens
Jango is our stud. He is the sweetest wheaten you have ever seen and is very loving.
Sex:
Male
Date of Birth:
08-27-2016
Color:
Light Coat, Minimal Highlights
Size:
Large Build, Large Head, Long Torso, Long Legs
Demeanor:
Lap dog, beta, loving, energetic, loves to be outside
Father:
Ted E
Mother:
Genny Sea
Wheaten Specific Conditions
This is not an all-exhaustive list, but the items below are the common genetic defects in Wheatens.
All of our breeding dogs are tested to ensure they are not able to pass genetic issues to our puppies. For a full list of items covered in the tests,
check out the Test Kits on Embark's website.
Brain and Spinal Cord (Neurologic)
Gene: SOD1(A)
Inheritance type: recessive
The dog equivalent of Amyotrophic Lateral Sclerosis, or Lou Gehrig’s disease,
DM is a progressive degenerative disorder of the spinal cord. Because the
nerves that control the hind limbs are the first to degenerate, the most
common clinical signs are back muscle wasting and gait abnormalities.
Paroxysmal Dyskinesia is a neurologic condition that causes dogs to have
episodes where their movement is very abnormal, especially in their hind
legs. This disease is easily confused with a seizure disorder. It is
suspected to be a malfunction in the basal nuclei, which control movement in
the brain.
Protein Losing Nephropathy causes inappropriate loss of protein in the urine.
Certain parts of the kidney act as a sieve where ions, small molecules like
urea, and water are filtered out of the blood into the urine. In PLN, the
sieve is compromised and protein moves in the urine. This leads to muscle
wasting, abnormal fluid accumulation in the skin and limbs, and kidney
failure.
This NPHS1 mutation was first described in Soft Coated Wheaten Terriers and
Airedale Terriers with PLN. This mutation always accompanied a mutation in
the nearby KIRREL2 gene. Both genes code for proteins that determine the
size of the molecules that can pass into the urinary space. The two
mutations are tightly linked, and together are considered a risk haplotype;
ie, dogs with the NPHS1 mutation virtually always have the KIRREL2 mutation.
Please Note The scientific and veterinary literature suggest
that this mutation impact on PLN risk is highly breed-dependent, having been
characterized primarily in the Soft Coated Wheaten Terrier and the Airedale
Terrier. However, we and others have identified this mutation in other
breeds. The impact of this mutation in these breeds is not explored in the
literature: Embark hopes to change this. Recently had your dog's kidneys
evaluated by your veterinarian? Let us know at askthevets@embarkvet.com.
This Privacy Policy describes Our policies and procedures on the collection, use
and disclosure of Your information when You use the Service and tells You about
Your privacy rights and how the law protects You.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under
the following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy: Account means a unique account created for You to access our
Service or parts of our Service. Company (referred to as either "the Company", "We", "Us" or
"Our" in this Agreement) refers to Walker's Wheatens, 1081 Mise Rd. Yanceyville,
NC 27379. Cookies are small files that are placed on Your computer,
mobile device or any other device by a website, containing the details of Your
browsing history on that website among its many uses. Country refers to: North Carolina, United States Device means any device that can access the Service such as a
computer, a cellphone or a digital tablet. Personal Data is any information that relates to an identified
or identifiable individual. Service refers to the Website. Service Provider means any natural or legal person who
processes the data on behalf of the Company. It refers to third-party companies
or individuals employed by the Company to facilitate the Service, to provide the
Service on behalf of the Company, to perform services related to the Service or
to assist the Company in analyzing how the Service is used. Usage Data refers to data collected automatically, either
generated by the use of the Service or from the Service infrastructure itself
(for example, the duration of a page visit). Website refers to Walker's Wheatens, accessible from
https://walkerswheatens.com You means the individual accessing or using the Service, or the
company, or other legal entity on behalf of which such individual is accessing
or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally
identifiable information that can be used to contact or identify You. Personally
identifiable information may include, but is not limited to:
Email address
First name and last name
Phone number
Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol
address
(e.g. IP address), browser type, browser version, the pages of our Service that
You
visit, the time and date of Your visit, the time spent on those pages, unique
device
identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain
information automatically, including, but not limited to, the type of mobile
device
You use, Your mobile device unique ID, the IP address of Your mobile device,
Your
mobile operating system, the type of mobile Internet browser You use, unique
device
identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our
Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our
Service and store certain information. Tracking technologies used are beacons,
tags,
and scripts to collect and track information and to improve and analyze Our
Service.
The technologies We use may include:
Cookies or Browser Cookies. A cookie is a small file placed on
Your Device. You can
instruct Your browser to refuse all Cookies or to indicate when a Cookie is
being
sent. However, if You do not accept Cookies, You may not be able to use some
parts
of our Service. Unless you have adjusted Your browser setting so that it will
refuse
Cookies, our Service may use Cookies.
Web Beacons. Certain sections of our Service and our emails may
contain small
electronic files known as web beacons (also referred to as clear gifs, pixel
tags,
and single-pixel gifs) that permit the Company, for example, to count users who
have
visited those pages or opened an email and for other related website statistics
(for
example, recording the popularity of a certain section and verifying system and
server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on
Your
personal computer or mobile device when You go offline, while Session Cookies
are
deleted as soon as You close Your web browser. Learn more about cookies on the
Free
Privacy Policy website article.
We use both Session and Persistent Cookies for the purposes set out
below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available
through
the Website and to enable You to use some of its features. They help to
authenticate
users and prevent fraudulent use of user accounts. Without these Cookies, the
services that You have asked for cannot be provided, and We only use these
Cookies
to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the
Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the
Website, such as remembering your login details or language preference. The
purpose
of these Cookies is to provide You with a more personal experience and to avoid
You
having to re-enter your preferences every time You use the Website.
For more information about the cookies we use and your choices regarding
cookies,
please visit our Cookies Policy or the Cookies section of our Privacy Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the
usage of our Service.
For the performance of a contract: the development, compliance
and undertaking of
the purchase contract for the products, items or services You have purchased or
of
any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS,
or other equivalent
forms of electronic communication, such as a mobile application's push
notifications
regarding updates or informative communications related to the functionalities,
products or contracted services, including the security updates, when necessary
or
reasonable for their implementation.
To provide You with news, special offers and general
information about other goods,
services and events which we offer that are similar to those that you have
already
purchased or enquired about unless You have opted not to receive such
information.
To manage Your requests: To attend and manage Your requests to
Us.
For other purposes: We may use Your information for other
purposes, such as data
analysis, identifying usage trends, determining the effectiveness of our
promotional
campaigns and to evaluate and improve our Service, products, services, marketing
and
your experience.
WE NEVER SHARE YOUR PERSONAL INFORMATION WITH A THIRD PARTY
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for
the
purposes set out in this Privacy Policy. We will retain and use Your Personal
Data
to the extent necessary to comply with our legal obligations (for example, if we
are
required to retain your data to comply with applicable laws), resolve disputes,
and
enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage
Data
is generally retained for a shorter period of time, except when this data is
used to
strengthen the security or to improve the functionality of Our Service, or We
are
legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's
operating
offices and in any other places where the parties involved in the processing are
located. It means that this information may be transferred to — and maintained
on —
computers located outside of Your state, province, country or other governmental
jurisdiction where the data protection laws may differ than those from Your
jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such
information
represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is
treated securely and in accordance with this Privacy Policy and no transfer of
Your
Personal Data will take place to an organization or a country unless there are
adequate controls in place including the security of Your data and other
personal
information.
Delete Your Personal Data
You have the right to request that We assist in deleting the Personal Data
that We have collected about You.
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no
method
of transmission over the Internet, or method of electronic storage is 100%
secure.
While We strive to use commercially acceptable means to protect Your Personal
Data,
We cannot guarantee its absolute security.
Children's Privacy
Our Service does not address anyone under the age of 13. We do not knowingly
collect
personally identifiable information from anyone under the age of 13. If You are
a
parent or guardian and You are aware that Your child has provided Us with
Personal
Data, please contact Us. If We become aware that We have collected Personal Data
from anyone under the age of 13 without verification of parental consent, We
take
steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information
and
Your country requires consent from a parent, We may require Your parent's
consent
before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If
You
click on a third party link, You will be directed to that third party's site. We
strongly advise You to review the Privacy Policy of every site You
visit.
We have no control over and assume no responsibility for the content, privacy
policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any
changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior
to
the change becoming effective and update the "Last updated" date at the top of
this
Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes.
Changes
to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
By email: walkerswheatens@gmail.com
Website Terms of Use
Version 1.0
The Walker's Wheatens website located at https://walkerswheatens.com is a copyrighted
work belonging to Walker's Wheatens. Certain features of the Site may be subject to
additional guidelines, terms, or rules, which will be posted on the Site in
connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into
these Terms.
These Terms of Use described the legally binding terms and conditions that oversee
your use of the Site. BY ACCESSING THE SITE, YOU ARE BEING COMPLIANT THAT THESE
TERMS and you represent that you have the authority and capacity to enter into these
Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE
WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to
resolve disputes and also limit the remedies available to you in the event of a
dispute.
Access to the Site
Subject to these Terms. Company grants you a non-transferable,
non-exclusive, revocable, limited license to access the Site solely for your own
personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are
subject to the following restrictions: (a) you shall not sell, rent, lease,
transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b)
you shall not change, make derivative works of, disassemble, reverse compile or
reverse engineer any part of the Site; (c) you shall not access the Site in order to
build a similar or competitive website; and (d) except as expressly stated herein,
no part of the Site may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means unless otherwise
indicated, any future release, update, or other addition to functionality of the
Site shall be subject to these Terms. All copyright and other proprietary notices
on the Site must be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without
notice to you. You approved that Company will not be held liable to you or any
third-party for any change, interruption, or termination of the Site or any part.
No Support or Maintenance. You agree that Company will have no
obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the
intellectual property rights, including copyrights, patents, trademarks, and trade
secrets, in the Site and its content are owned by Company or Company’s suppliers.
Note that these Terms and access to the Site do not give you any rights, title or
interest in or to any intellectual property rights, except for the limited access
rights expressed in Section 2.1. Company and its suppliers reserve all rights not
granted in these Terms.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party
websites and services, and/or display advertisements for third-parties. Such
Third-Party Links & Ads are not under the control of Company, and Company is not
responsible for any Third-Party Links & Ads. Company provides access to these
Third-Party Links & Ads only as a convenience to you, and does not review, approve,
monitor, endorse, warrant, or make any representations with respect to Third-Party
Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply
a suitable level of caution and discretion in doing so. When you click on any of the
Third-Party Links & Ads, the applicable third party’s terms and policies apply,
including the third party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of
its own User Content. Because we do not control User Content, you acknowledge and
agree that we are not responsible for any User Content, whether provided by you or
by others. You agree that Company will not be responsible for any loss or damage
incurred as the result of any such interactions. If there is a dispute between you
and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees,
agents, successors, and assigns from, and hereby waive and relinquish, each and
every past, present and future dispute, claim, controversy, demand, right,
obligation, liability, action and cause of action of every kind and nature, that has
arisen or arises directly or indirectly out of, or that relates directly or
indirectly to, the Site. If you are a California resident, you hereby waive
California civil code section 1542 in connection with the foregoing, which states:
"a general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if
known by him or her must have materially affected his or her settlement with the
debtor."
Disclaimers
The site is provided on an "as-is" and "as available" basis, and company and our
suppliers expressly disclaim any and all warranties and conditions of any kind,
whether express, implied, or statutory, including all warranties or conditions of
merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy,
or non-infringement. We and our suppliers make not guarantee that the site will
meet your requirements, will be available on an uninterrupted, timely, secure, or
error-free basis, or will be accurate, reliable, free of viruses or other harmful
code, complete, legal, or safe. If applicable law requires any warranties with
respect to the site, all such warranties are limited in duration to ninety (90) days
from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above
exclusion may not apply to you. Some jurisdictions do not allow limitations on how
long an implied warranty lasts, so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall company or our suppliers be
liable to you or any third-party for any lost profits, lost data, costs of
procurement of substitute products, or any indirect, consequential, exemplary,
incidental, special or punitive damages arising from or relating to these terms or
your use of, or incapability to use the site even if company has been advised of the
possibility of such damages. Access to and use of the site is at your own
discretion and risk, and you will be solely responsible for any damage to your
device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary
contained herein, our liability to you for any damages arising from or related to
this agreement, will at all times be limited to a maximum of fifty U.S. dollars
(u.s. $50). The existence of more than one claim will not enlarge this limit. You
agree that our suppliers will have no liability of any kind arising from or relating
to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages, so the above limitation or exclusion may not
apply to you.
Term and Termination. Subject to this Section, these Terms will
remain in full force and effect while you use the Site. We may suspend or terminate
your rights to use the Site at any time for any reason at our sole discretion,
including for any use of the Site in violation of these Terms. Upon termination of
your rights under these Terms, your Account and right to access and use the Site
will terminate immediately. You understand that any termination of your Account may
involve deletion of your User Content associated with your Account from our live
databases. Company will not have any liability whatsoever to you for any
termination of your rights under these Terms. Even after your rights under these
Terms are terminated, the following provisions of these Terms will remain in effect:
Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Copyright Policy.
Company respects the intellectual property of others and asks that users of our Site
do the same. In connection with our Site, we have adopted and implemented a policy
respecting copyright law that provides for the removal of any infringing materials
and for the termination of users of our online Site who are repeated infringers of
intellectual property rights, including copyrights. If you believe that one of our
users is, through the use of our Site, unlawfully infringing the copyright(s) in a
work, and wish to have the allegedly infringing material removed, the following
information in the form of a written notification (pursuant to 17 U.S.C. § 512(c))
must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and
that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable
material is not authorized by the copyright owner, its agent, or under the law;
and
a statement that the information in the notification is accurate, and under
penalty of perjury, that you are either the owner of the copyright that has
allegedly been infringed or that you are authorized to act on behalf of the
copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material
fact in a written notification automatically subjects the complaining party to
liability for any damages, costs and attorney’s fees incurred by us in connection
with the written notification and allegation of copyright infringement.
General
These Terms are subject to occasional revision, and if we make any substantial
changes, we may notify you by sending you an e-mail to the last e-mail address you
provided to us and/or by prominently posting notice of the changes on our Site. You
are responsible for providing us with your most current e-mail address. In the
event that the last e-mail address that you have provided us is not valid our
dispatch of the e-mail containing such notice will nonetheless constitute effective
notice of the changes described in the notice. Any changes to these Terms will be
effective upon the earliest of thirty (30) calendar days following our dispatch of
an e-mail notice to you or thirty (30) calendar days following our posting of notice
of the changes on our Site. These changes will be effective immediately for new
users of our Site. Continued use of our Site following notice of such changes shall
indicate your acknowledgement of such changes and agreement to be bound by the terms
and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of
your contract with Company and affects your rights. It contains procedures for
MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in
connection with the Terms or the use of any product or service provided by the
Company that cannot be resolved informally or in small claims court shall be
resolved by binding arbitration on an individual basis under the terms of this
Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings
shall be held in English. This Arbitration Agreement applies to you and the
Company, and to any subsidiaries, affiliates, agents, employees, predecessors in
interest, successors, and assigns, as well as all authorized or unauthorized users
or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either
party may seek arbitration, the party must first send to the other party a written
Notice of Dispute describing the nature and basis of the claim or dispute, and the
requested relief. A Notice to the Company should be sent to: 1081 Mise Rd.
Yanceyville NC 27379. After the Notice is received, you and the Company may attempt
to resolve the claim or dispute informally. If you and the Company do not resolve
the claim or dispute within thirty (30) days after the Notice is received, either
party may begin an arbitration proceeding. The amount of any settlement offer made
by any party may not be disclosed to the arbitrator until after the arbitrator has
determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the
American Arbitration Association, an established alternative dispute resolution
provider that offers arbitration as set forth in this section. If AAA is not
available to arbitrate, the parties shall agree to select an alternative ADR
Provider. The rules of the ADR Provider shall govern all aspects of the arbitration
except to the extent such rules are in conflict with the Terms. The AAA Consumer
Arbitration Rules governing the arbitration are available online at adr.org or by
calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single,
neutral arbitrator. Any claims or disputes where the total amount of the award
sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved
through binding non-appearance-based arbitration, at the option of the party seeking
relief. For claims or disputes where the total amount of the award sought is Ten
Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be
determined by the Arbitration Rules. Any hearing will be held in a location within
100 miles of your residence, unless you reside outside of the United States, and
unless the parties agree otherwise. If you reside outside of the U.S., the
arbitrator shall give the parties reasonable notice of the date, time and place of
any oral hearings. Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction. If the arbitrator grants you an
award that is greater than the last settlement offer that the Company made to you
prior to the initiation of arbitration, the Company will pay you the greater of the
award or $2,500.00. Each party shall bear its own costs and disbursements arising
out of the arbitration and shall pay an equal share of the fees and costs of the ADR
Provider.
Additional Rules for Non-Appearance Based Arbitration. If
non-appearance based arbitration is elected, the arbitration shall be conducted by
telephone, online and/or based solely on written submissions; the specific manner
shall be chosen by the party initiating the arbitration. The arbitration shall not
involve any personal appearance by the parties or witnesses unless otherwise agreed
by the parties.
Time Limits. If you or the Company pursues arbitration, the
arbitration action must be initiated and/or demanded within the statute of
limitations and within any deadline imposed under the AAA Rules for the pertinent
claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator
will decide the rights and liabilities of you and the Company, and the dispute will
not be consolidated with any other matters or joined with any other cases or
parties. The arbitrator shall have the authority to grant motions dispositive of
all or part of any claim. The arbitrator shall have the authority to award monetary
damages, and to grant any non-monetary remedy or relief available to an individual
under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a
written award and statement of decision describing the essential findings and
conclusions on which the award is based. The arbitrator has the same authority to
award relief on an individual basis that a judge in a court of law would have. The
award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL
AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY,
instead electing that all claims and disputes shall be resolved by arbitration under
this Arbitration Agreement. Arbitration procedures are typically more limited, more
efficient and less expensive than rules applicable in a court and are subject to
very limited review by a court. In the event any litigation should arise between
you and the Company in any state or federal court in a suit to vacate or enforce an
arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY
TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes
within the scope of this arbitration agreement must be arbitrated or litigated on an
individual basis and not on a class basis, and claims of more than one customer or
user cannot be arbitrated or litigated jointly or consolidated with those of any
other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be
strictly confidential. The parties agree to maintain confidentiality unless
otherwise required by law. This paragraph shall not prevent a party from submitting
to a court of law any information necessary to enforce this Agreement, to enforce an
arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are
found under the law to be invalid or unenforceable by a court of competent
jurisdiction, then such specific part or parts shall be of no force and effect and
shall be severed and the remainder of the Agreement shall continue in full force and
effect.
Right to Waive. Any or all of the rights and limitations set forth
in this Arbitration Agreement may be waived by the party against whom the claim is
asserted. Such waiver shall not waive or affect any other portion of this
Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the
termination of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the
Company may bring an individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may
seek emergency equitable relief before a state or federal court in order to maintain
the status quo pending arbitration. A request for interim measures shall not be
deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing,
claims of defamation, violation of the Computer Fraud and Abuse Act, and
infringement or misappropriation of the other party’s patent, copyright, trademark
or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to
litigate in court, the parties hereby agree to submit to the personal jurisdiction
of the courts located within Netherlands County, California, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or
import regulations in other countries. You agree not to export, re-export, or
transfer, directly or indirectly, any U.S. technical data acquired from Company, or
any products utilizing such data, in violation of the United States export laws or
regulations.
Company is located at the address in Section 10.8. If you are a California resident,
you may report complaints to the Complaint Assistance Unit of the Division of
Consumer Product of the California Department of Consumer Affairs by contacting them
in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and
Company use electronic means, whether you use the Site or send us emails, or whether
Company posts notices on the Site or communicates with you via email. For
contractual purposes, you (a) consent to receive communications from Company in an
electronic form; and (b) agree that all terms and conditions, agreements, notices,
disclosures, and other communications that Company provides to you electronically
satisfy any legal obligation that such communications would satisfy if it were be in
a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between
you and us regarding the use of the Site. Our failure to exercise or enforce any
right or provision of these Terms shall not operate as a waiver of such right or
provision. The section titles in these Terms are for convenience only and have no
legal or contractual effect. The word "including" means "including without
limitation". If any provision of these Terms is held to be invalid or unenforceable,
the other provisions of these Terms will be unimpaired and the invalid or
unenforceable provision will be deemed modified so that it is valid and enforceable
to the maximum extent permitted by law. Your relationship to Company is that of an
independent contractor, and neither party is an agent or partner of the other.
These Terms, and your rights and obligations herein, may not be assigned,
subcontracted, delegated, or otherwise transferred by you without Company’s prior
written consent, and any attempted assignment, subcontract, delegation, or transfer
in violation of the foregoing will be null and void. Company may freely assign
these Terms. The terms and conditions set forth in these Terms shall be binding
upon assignees.