Skip to main content
  1. Home / 
  2. Company / 
  3. Terms of Service

Wild Iris Medical Education, Inc.

Terms of Service

1. ACCEPTANCE OF TERMS

Wild Iris Medical Education, Inc. (“Wild Iris”) welcomes you. Wild Iris provides its service to you, including access to Wild Iris’s websites and its courses, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://wildirismedicaleducation.com/company/terms-of-service. In addition, when using particular Wild Iris owned or operated services, you and Wild Iris shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH WILD IRIS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.


2. DESCRIPTION OF SERVICE

Wild Iris provides users with mandatory and elective education, classes and resources for a variety of medical professions, which may be accessed through any various medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Wild Iris to provide the Service. You also understand and agree that the Service may include certain communications from Wild Iris, such as service announcements and administrative messages, and that these communications are considered part of Service. Unless explicitly stated otherwise, any new features that are added to or which enhance the current Service, including the release of new Wild Iris properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Wild Iris assumes no responsibility for the timeliness, accuracy, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges) for which you are also responsible. In addition, you must provide and are responsible for all equipment necessary to access the Service. Under no circumstances will Wild Iris be liable in any way for any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.


3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the “Registration Data”) and (b) update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Wild Iris has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wild Iris has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).


4. WILD IRIS PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Wild Iris.


5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will have the opportunity to receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Wild Iris of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Wild Iris cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.


6. MEMBER CONDUCT

You agree to not use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  7. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  9. intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; and/or
  10. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through i above.

Without limiting the foregoing, Wild Iris and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that Wild Iris may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) to comply with investigations by accreditation organizations; (c) enforce the TOS; (d) respond to claims that any Content violates the rights of third parties; (e) respond to your requests for customer service; or (f) protect the rights, property or personal safety of Wild Iris, its users and the public.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Wild Iris and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.


7. INTERSTATE NATURE OF COMMUNICATIONS ON WILD IRIS NETWORK

When you register with Wild Iris, you acknowledge that in using Wild Iris services to send electronic communications, you will be causing communications to be sent through Wild Iris’s computer networks, portions of which are located in California and one or more other locations in the United States and portions of which may be located abroad in the future. As a result, and also as a result of Wild Iris’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.


8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Citizens of nations within the European Union should consult our Privacy Policy at: https://wildirismedicaleducation.com/company/privacy-policy to learn about our compliance with the General Data Protection Regulation.


9. CONTRIBUTIONS TO WILD IRIS

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Wild Iris through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Wild Iris is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Wild Iris shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Wild Iris may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Wild Iris without any obligation of Wild Iris to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Wild Iris under any circumstances.


10. INDEMNITY

You agree to indemnify and hold Wild Iris and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, your violation of any rights of another, or any Content you submit, post, transmit or otherwise make available through the Service.


11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Wild Iris ID), use of the Service, or access to the Service.


12. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Wild Iris may establish general practices and limits concerning use of the Service, including without limitation the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Wild Iris has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Wild Iris reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Wild Iris reserves the right to modify these general practices and limits from time to time.


13. MODIFICATIONS TO SERVICE

Wild Iris reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Wild Iris shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


14. TERMINATION

You agree that Wild Iris may, under certain circumstances and without prior notice, immediately terminate your Wild Iris account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Wild Iris account includes (i) removal of access to all offerings within the Service, (ii) deletion of your password and all related information, files and content associated with your account (or any part thereof), and (iii) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Wild Iris’s sole discretion and that Wild Iris shall not be liable to you or any third party for any termination of your account or access to the Service.


15. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Wild Iris shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.


16. MESSAGING (SMS) TERMS & CONDITIONS

When you opt-in to the service, we will send you a message to confirm your signup. By opting into messages, you agree to receive recurring automated marketing and informational text messages from Wild Iris Medical Education. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.
Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with Wild Iris Medical Education. Wild Iris Medical Education reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Wild Iris Medical Education also reserves the right to change the short code or phone number or alphanumeric sender where messages are sent.

  1. Your usual message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your mobile provider. Your mobile provider is not liable for delayed or undelivered messages.
  2. Your consent to receive marketing messages is not a condition of purchase.
  3. Carriers are not liable for delayed or undelivered messages.
  4. Messages will provide instructions to unsubscribe either by texting STOP or through an included link. After you unsubscribe, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from Wild Iris Medical Education again, just sign up as you did the first time and Wild Iris Medical Education will start sending messages to you again.
  5. For support regarding our services, email us at info@wildirismedicaleducation.com or, if supported, text \"HELP\" to our messages at any time and we will respond with instructions on how to unsubscribe. If we include a link in messages we send you from Wild Iris Medical Education, you may also access instructions on how to unsubscribe and our company information by following that link.
  6. You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply \"STOP\" from the original number, unsubscribe using the link included in our messages (if one is provided), or notify us of your old number at info@wildirismedicaleducation.com. The duty to inform us based on the above events is a condition of using this service to receive messages.
  7. If you have any questions about your data or our privacy practices, please visit our privacy policy page.

We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. If you do not agree to a change to these Messaging Terms, you should cancel your enrollment with our messaging program. Your continued enrollment following such changes shall constitute your acceptance of such changes.


17. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Wild Iris has no control over such sites and resources, you acknowledge and agree that Wild Iris is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Wild Iris shall 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 such Content, goods or services available on or through any such site or resource.


18. WILD IRIS’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Wild Iris or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Wild Iris grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Wild Iris for use in accessing the Service.


19. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WILD IRIS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. WILD IRIS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WILD IRIS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

20. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WILD IRIS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WILD IRIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.


21. EXCLUSIONS AND 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 OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.


22. NO THIRD-PARTY BENEFICIARIES

You agree that there shall be no third-party beneficiaries to this agreement.


23. NOTICE

Wild Iris may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.


24. TRADEMARK INFORMATION

Wild Iris, the Wild Iris logo, and other Wild Iris logos and product and service names are trademarks of Wild Iris Medical Education, Inc. (the “Wild Iris Marks”). Without Wild Iris’s prior permission, you agree not to display or use in any manner the Wild Iris Marks.


25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Wild Iris respects the intellectual property of others, and we ask our users to do the same. Wild Iris may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Wild Iris’s Copyright Agent 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 site;
  4. your 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.
  7. Wild Iris’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

    By mail:
    Copyright Agent
    c/o Wild Iris Medical Education, Inc.
    P.O. Box 333, Comptche, CA 95427
    By email: contact@wildirismedicaleducation.com

26. DISPUTE RESOLUTION, BINDING ARBITRATION, CLASS ACTION WAIVER

To the fullest extent permissible by law, with the exception of disputes pertaining to Wild Iris’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Wild Iris arising under these TOS, including, without limitation, disputes arising as a result of: your visit to Wild Iris’s websites; your use of a Wild Iris account, accreditation, or course; any purchase, transaction, or other interaction with Wild Iris (including, without limitation, claims relating to Wild Iris’s advertisements, pricing, and disclosures; e-mail, SMS or other messages sent by Wild Iris; or Wild Iris’s collection, processing or retention of your information) (a “Dispute”) shall be resolved through binding arbitration pursuant to these exclusive dispute resolution procedures, except that either party may assert claims in small claims court or seek action through government agencies.

Opt-out: You may elect to opt-out (exclude yourself) from the final, binding arbitration procedure and waiver of class and representative proceedings specified in these TOS by sending a written letter to Wild Iris at PO Box 333, Comptche CA 95427 Attn: Legal (the “Notice Address”), within thirty (30) calendar days of your initial agreement to these TOS. The letter must be signed personally by you or your legal guardian and specify: (1) your first and last name; (2) your mailing address; (3) your e-mail address; and (4) your request to be excluded from the final, binding arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these TOS shall continue to apply.

Pre-Arbitration Dispute Resolution: Whenever a Dispute arises between you and Wild Iris, you and Wild Iris agree to first send a written notice to the other (a “Demand”). You must send the Demand to Wild Iris via certified mail to the Notice Address set forth above. Wild Iris must send the Demand to you via certified mail to the most recent address Wild Iris has on file for you (or by e-mail if Wild Iris only has an e-mail address for you on file). A Demand (1) shall seek to resolve the Dispute only on an individual basis; (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the individual claimant’s full name, phone number, and e-mail address to confirm their identity and to aid communication; and (4) shall be personally signed by the individual claimant or for Wild Iris by its authorized representative (and not only their counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and Wild Iris will personally attend (with counsel, if represented). You and Wild Iris agree that you and Wild Iris will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.

Arbitration Procedure: If the Dispute stated in the Demand is not resolved to your or Wild Iris’s satisfaction within the time periods set forth above for Pre-Arbitration Dispute Resolution and you or Wild Iris intend on taking legal action, you and Wild Iris agree that you or Wild Iris shall file a demand for arbitration with JAMS (“JAMS”) JAMS: Mediation, Arbitration and ADR Services (https://www.jamsadr.com). The arbitration will be conducted by a single arbitrator with JAMS under its Comprehensive Arbitration Rules & Procedures then in effect subject to the Mass Arbitration provisions below. You and Wild Iris may agree to have the arbitration based only on written submissions or to attend in-person, by telephone or video conference. The arbitration will be kept confidential except as may lawfully be required otherwise.

Payment of all fees will be governed by JAMS rules. Either you or Wild Iris may seek attorneys’ fees and costs in arbitration if the arbitrator determines the claims brought by the other party are frivolous. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION UNLESS THE MASS ARBITRATION PROVISIONS SET FORTH BELOW ARE TRIGGERED. NEITHER YOU NOR WILD IRIS MAY ACT AS A PRIVATE ATTORNEY GENERAL OR CLASS REPRESENTATIVE, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY DISPUTE OR CLAIM.

Mass Arbitration: If, at any time, 20 or more claimants submit demands or seek to file demands for arbitration raising similar Disputes against Wild Iris, and such circumstances meet the definition and criteria of a Mass Arbitration (“Mass Arbitration”) set forth in JAMS’s Mass Arbitration Procedures and Guidelines (“JAMS Mass Arbitration Rules” then in effect, available at https://www.jamsadr.com/mass-arbitration-procedures), such as where representation of the claimants is the same, consistent or coordinated across the cases, the JAMS Mass Arbitration Rules in effect at the time such Demand is filed shall apply as modified below. You agree that throughout this process, the parties’ counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Arbitration. You acknowledge and agree that by electing to participate in a Mass Arbitration, the adjudication of your dispute might be delayed.

Stage One: Counsel for the claimants and counsel for Wild Iris shall each select 5 claims per side and the JAMS Procedural Arbitrator will randomly select 10 claims (20 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process, and any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in this process. Either party may appeal a decision/award rendered in an individual arbitration pursuant to JAMS’s Optional Arbitration Appeal Procedure in effect at the time the decision/award is rendered. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Wild Iris will pay the mediator’s fee. The pendency of any appeal shall not delay this global mediation.

Stage Two: If the remaining claims are not resolved after the global mediation in Stage One, then counsel for the claimants and counsel for Wild Iris shall each select 10 claims per side and the JAMS Procedural Arbitrator will randomly select 20 claims (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they proceed in arbitration proceedings as part of a staged process, and any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in this process. Either party may appeal a decision/award rendered in an individual arbitration pursuant to JAMS’s Optional Arbitration Appeal Procedure in effect at the time the decision/award is rendered. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Wild Iris will pay the mediator’s fee. The pendency of any appeal shall not delay this global mediation.

If your claim is not resolved as part of the staged process identified above, either:

Option One: You and Wild Iris may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these TOS on an individual basis (not a class or consolidated basis). You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within thirty (30) days after the conclusion of Stage Two including its mediation. Wild Iris may opt your claim out of arbitration by sending a notice signed by an authorized Wild Iris representative of Wild Iris’s intention to opt out to your counsel within fourteen (14) days after the expiration of your thirty (30)-day opt out period. Counsel for the parties may agree in writing to adjust these deadlines.

OR

Option Two: If neither you nor Wild Iris elect to have your claim heard in court consistent with Option One, then you agree that your claim will be batched by the JAMS Procedural Arbitrator into groups of 50 claimants, to be filed and to proceed in separate consolidated arbitrations, subject to any procedural changes the parties agreed to in writing. Each of these consolidated arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Either party may appeal a decision/award rendered in a consolidated arbitration pursuant to JAMS’s Optional Arbitration Appeal Procedure in effect at the time the decision/award is rendered. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with JAMS (including through a JAMS Procedural Arbitrator, as such term is used in the JAMS rules) to explore ways to streamline the adjudication of claims, promote efficiencies, conserve resources, and resolve the remaining claims.

A court of competent jurisdiction shall have the authority to enforce these Mass Arbitration provisions and, if necessary, to enjoin any lawsuit and the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. You and Wild Iris agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and Wild Iris acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. You and Wild Iris further agree that application of these Mass Arbitration procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the JAMS’s rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose. If the staging process of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the JAMS rules, then the remaining claims shall be subject to Option One or Option Two above as selected by you or Wild Iris. If the Mass Arbitration provisions apply to your claim, and a court of competent jurisdiction determines that Option One and Option Two are not enforceable as to your claim, then your claim will proceed before JAMS pursuant to the JAMS Mass Arbitration Procedures and Guidelines. If the Mass Arbitration provisions apply to your claim, and a court of competent jurisdiction also determines that the JAMS Mass Arbitration Procedures and Guidelines are not enforceable as to your claim, then your claim will proceed in a court of competent jurisdiction on an individual basis (not a class or consolidated basis).

In the event of an exercise of an opt out of, or any exception to, the binding arbitration as provided above, all such Disputes or litigation shall be exclusively brought in the applicable state or federal courts of Mendocino, California to the extent permitted by law.

This Section of these Terms will survive the termination of the relationship with you and Wild Iris.


27. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Wild Iris and governs your use of the Service, superseding any prior agreements between you and Wild Iris with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Wild Iris services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and Wild Iris shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Wild Iris agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Mendocino, California.

Waiver and Severability of Terms. The failure of Wild Iris to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Wild Iris account is non-transferable and any rights to your Wild Iris ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.


28. POLICIES AND DISCLAIMERS

Users are required to read and observe Wild Iris Medical Education’s Copyright Policy, Privacy Policy, Medical Disclaimer, and Legal Disclaimer.


29. VIOLATIONS

Please report any violations of the TOS to our Customer Care group, which can be reached at contact@wildirismedicaleducation.com.


Back to Top
Back to Top