Terms and conditions

  1. Introduction

Welcome to the family of websites and applications provided by PrimusBuy. These Terms of Use govern your access to and use of all PrimusBuy Sites. By using the PrimusBuy Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use. If you violate or do not agree to these Terms of Use, then your access to and use of the PrimusBuy Sites is unauthorized. Additional terms and conditions apply to some services offered on the PrimusBuy Sites (e.g., PrimusBuy Pharmacy, and Gift Cards). Those terms and conditions can be found where the relevant service is offered on the PrimusBuy Sites and are incorporated into these Terms of Use by reference.

DEFINED TERMS: In these Terms of Use:

  • When we say “PrimusBuy,” we mean Wal-Mart.com USA, LLC and Wal-Mart Stores, Inc. and any subsidiaries of Wal-Mart Stores, Inc. (including any subsidiaries that Wal-Mart Stores, Inc. may form or acquire in the future). We also refer to PrimusBuy as “we,” “us” and “our.” But when we say “PrimusBuy Entities,” we mean PrimusBuy and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
  • When we say “PrimusBuy Sites,” we mean www.PrimusBuy.com, the PrimusBuy Apps, and all related functionality, services, and Content offered by or for PrimusBuy on or through www.PrimusBuy.com and the PrimusBuy Apps or the systems, servers, and networks used to make the PrimusBuy Sites available.
  • When we say “PrimusBuy Apps,” we mean the official “PrimusBuy App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store, the “Scan & Go” Mobile App
  • When we say “you” or “your” we mean any user (like you!) of any PrimusBuy Site.
  • When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by PrimusBuy on the PrimusBuy Sites (and any updates by PrimusBuy to these Terms of Use and those terms and policies).
  • A few other key terms used in these Terms of Use:
    • When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
    • When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the PrimusBuy Sites.
    • When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the PrimusBuy Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the PrimusBuy Sites through the tools offered by such social media platforms).
    • When we say “Materials,” we mean Content that PrimusBuy Entities make available on or through the PrimusBuy Sites, including In Store Now information.

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND PRIMUSBUY ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on PrimusBuy’s liability explained in Sections 17 and 18, respectively.

UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the PrimusBuy Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. By continuing to use or access any of the PrimusBuy Sites after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.

  1. Your Use of the PrimusBuy Sites

You certify that the Content you provide on or through the PrimusBuy Sites is accurate and that the information you provide on or through the PrimusBuy Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. PrimusBuy is not responsible for any losses arising out of the unauthorized use of your account. You agree that PrimusBuy does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the PrimusBuy Sites. You agree that PrimusBuy is not a party to any such agreement, nor is PrimusBuy responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the PrimusBuy Sites or any portion of the PrimusBuy Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the PrimusBuy Sites or any portion of the PrimusBuy Sites.

  • In connection with the PrimusBuy Sites, you will not:
    • Make available any Content through or in connection with the PrimusBuy Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
    • Make available through or in connection with the PrimusBuy Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
    • Use the PrimusBuy Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
    • Harvest or collect information about users of the PrimusBuy Sites.
    • Interfere with or disrupt the operation of the PrimusBuy Sites or the systems, servers, or networks used to make the PrimusBuy Sites available, including by hacking or defacing any portion of the PrimusBuy Sites; or violate any requirement, procedure or policy of such servers or networks.
    • Restrict or inhibit any other person from using the PrimusBuy Sites.
    • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the PrimusBuy Sites except as expressly authorized in these Terms of Use, without PrimusBuy’s express prior written consent.
    • Reverse engineer, decompile, or disassemble any portion of the PrimusBuy Sites, except where such restriction is expressly prohibited by applicable law.
    • Remove any copyright, trademark, or other proprietary rights notice from the PrimusBuy Sites.
    • Frame or mirror any portion of the PrimusBuy Sites, or otherwise incorporate any portion of the PrimusBuy Sites into any product or service, unless you obtain PrimusBuy’s express prior written consent to do so.
    • Systematically download and store any Materials.
    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the PrimusBuy Sites, without PrimusBuy’s express prior written consent.
    • Cause injury to any person or entity.
    • Violate any law, rule, or regulation, or these Terms of Use.
  • You will not use the PrimusBuy Sites or PrimusBuy’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a PrimusBuy trademark, logo, URL, or product name without PrimusBuy’s written consent;
  • You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.
  1. Content and Ideas
  2. Submitting Content and Ideas

PrimusBuy provides functionality that enables users to make available Content and Ideas in connection with the PrimusBuy Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any PrimusBuy Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 3(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

  1. PrimusBuy’s Rights to Use Content and Ideas

You grant to PrimusBuy a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that PrimusBuy is free to use any Ideas for any purpose. PrimusBuy may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. PrimusBuy is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to PrimusBuy the right to use any name associated with any Content or Idea that you make available to PrimusBuy, although PrimusBuy has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

  1. Prohibited Content

You agree that you will not make available Content in connection with the PrimusBuy Sites that:

  • is false, fraudulent, inaccurate, or misleading;
  • contains your full name(s), or any other confidential personally identifiable information of yourself or others;
  • violates any local, state, federal, or international laws or is otherwise tortious;
  • is protected by or would infringe on the rights of others (including PrimusBuy), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
  • is obscene, indecent, pornographic, or otherwise objectionable;
  • is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by PrimusBuy in its sole discretion;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
  • contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from PrimusBuy;
  • contains or relates to chain letters or pyramid schemes;
  • impersonates another business, person, or entity, including PrimusBuy, its related entities, employees, and agents;
  • violates any policy posted on the PrimusBuy Sites; or
  • is intended to cause harm, damage, disable, or otherwise interfere with the PrimusBuy Sites or our partners.
  1. Monitoring by PrimusBuy

PrimusBuy will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the PrimusBuy Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by PrimusBuy from time to time. PrimusBuy will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the PrimusBuy Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify PrimusBuy for all claims resulting from any Content you make available.

  1. Materials Available on the PrimusBuy Sites

PrimusBuy and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The PrimusBuy Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the PrimusBuy Sites, we would appreciate it [email protected]

NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.

THE PRIMUSBUY ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

  1. Merchandise

The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

We sell Products for children’s use; however, these Products are intended for sale to adults.

PrimusBuy has no liability to you for content on the PrimusBuy Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.

PrimusBuy is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any PrimusBuy Entity, Marketplace Retailer (as defined below in Section 16.A), our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on PrimusBuy Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with PrimusBuy’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

  1. Third Party Sites

References on PrimusBuy Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. PrimusBuy is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the PrimusBuy Sites operate or otherwise interact, nor is PrimusBuy responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms and policies (including its privacy policy).

  1. Placing an Order
  2. Order Acceptance and Billing

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your PrimusBuy.com account, including on PrimusBuy affiliated sites and properties which you access via your PrimusBuy.com account credentials. PrimusBuy participates in account update services offered by some banks. If your bank participates in account updater services, these services will automatically update your card number or expiration date in our system when it changes. If you do not want to have your cards automatically updated, you can opt out of these services by contacting your issuing bank. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. PrimusBuy may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges.PrimusBuy charge 10% restock fees if the customer required to cancel or refund money from products which are AVAILABILITY: AVAILABLE ON BACKORDER with Paypal transaction.

PrimusBuy reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. PrimusBuy also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from PrimusBuy for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

  1. Pricing Information; Availability

PrimusBuy cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the PrimusBuy Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. PrimusBuy reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from PrimusBuy. PrimusBuy may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the PrimusBuy Sites or from prices available in PrimusBuy stores or on PrimusBuy Apps.

  1. Promotional Codes

Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

  1. Gift Cards

The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable

  1. Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the PrimusBuy Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Delivery of Products purchased from the PrimusBuy Sites to addresses outside the United States is limited. Some Products also have restricted delivery within the United States.Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.When the products are on backorder we ship them when is it in stock again.

  1. Export Policy

You acknowledge that (a) goods licensed or sold on the PrimusBuy Sites, and (b) any software or technology purchased, downloaded, or used from the PrimusBuy Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

  1. Intellectual Property

The PrimusBuy Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to PrimusBuy, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by PrimusBuy to use the PrimusBuy Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner. In addition, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by PrimusBuy to use the PrimusBuy Apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the PrimusBuy Apps on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the PrimusBuy Apps and remove (that is, uninstall and delete) the PrimusBuy Apps from your mobile device.

No license, right, title, or interest in the PrimusBuy Sites or any Materials is transferred to you as a result of your use of the PrimusBuy Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the PrimusBuy Sites. The PrimusBuy Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the PrimusBuy Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the PrimusBuy Sites and Materials is the exclusive property of PrimusBuy and is also protected by U.S. and international copyright laws.

PRIMUSBUY, the PRIMUSBUY.COM names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the PrimusBuy Sites are trademarks or trade dress of PrimusBuy in the U.S. and other countries. All other marks are the property of their respective companies.

  1. Procedure for Making a Claim of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the PrimusBuy Sites in a way that constitutes copyright infringement, please see our DMCA Procedure for instructions on how to contact us to report possible copyright infringement.

  1. Privacy

You acknowledge that any personal information that you provide through the PrimusBuy Sites will be used by PrimusBuy in accordance with PrimusBuy’s Privacy Policy.

  1. Third-Party Software & Licensing Notices

The PrimusBuy Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”).

  1. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the PrimusBuy Sites may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.

  1. PrimusBuy Pay

“PrimusBuy Pay” is a feature built into the PrimusBuy App that allows you to use your smartphone to pay for in-store purchases. Any use of the PrimusBuy Pay service is subject to the following additional terms:

  • By using PrimusBuy Pay or otherwise by agreeing to these Terms of Use, you agree to receive an eReceipt in lieu of a paper receipt for all purchases made through PrimusBuy Pay. You must register through a PrimusBuy.com account to receive eReceipts (see below for more information).
  • There is no charge from us to use PrimusBuy Pay, but your data service provider’s message and data charges may apply. Except as otherwise provided by law, we may block, restrict, suspend or terminate your use of PrimusBuy Pay at any time, without notice, and in our sole discretion.
  • All PrimusBuy policies applicable to sales occurring at a store location, including those regarding Ad Match, Price Matching, Coupon use, Returns, and Exchanges, apply to purchases made through PrimusBuy Pay. We reserve the right to limit the availability of PrimusBuy Pay during specific times, for specific items, or for certain events or promotions. Some products or services may not be eligible for purchase using PrimusBuy Pay, or may require additional verification prior to completion of purchase through PrimusBuy Pay. These products and services may include but are not limited to: tobacco, alcohol, firearms, optical or photo products and services, or products requiring a service agreement such as wireless, automotive, or financial products.
  • Your device’s camera must be enabled in order to use PrimusBuy Pay to complete the checkout process and to use additional features. Enabling the PrimusBuy App to utilize location services on your device may provide you with access to other PrimusBuy Pay features. You can turn off location services at any time on your device.
  1. PrimusBuy Digital Photo Center

Any use of the PrimusBuy Digital Photo Center (available at www.PrimusBuy.com/Photo) is subject to the following additional terms:

  • PrimusBuy claims no ownership rights to the photos, photo files, albums, projects, captions, or prints (collectively defined as “Photos”), that you place in your PrimusBuy Digital Photo Center Account. However, by uploading Photos into your PrimusBuy Digital Photo Center Account, you agree to waive all moral rights to those images. In addition, you grant to PrimusBuy a nonexclusive, worldwide, royalty-free license, so we can download, upload, copy, print, display, reproduce, modify, publish, post, transmit, distribute, and otherwise make available the photos included in your PrimusBuy Digital Photo Center Account for the purpose of displaying Photos to the people you select and to fulfill orders. We will not use or modify your Photos for marketing purposes or any other purposes without obtaining your express permission.
  • You are responsible for monitoring and creating backup copies of the Photos stored in your account. PrimusBuy Digital Photo Center is not provided to you under any warranty. PrimusBuy will not be liable for any damage to your photos, albums, rolls, or uploads, including but not limited to loss, deletion or alteration.
  • PrimusBuy may terminate your service or access to the PrimusBuy Digital Photo Center and delete any and all information, including but not limited to your Photos, without notice, for any reason including, but not limited to (1) your violation of these Terms of Use or other policies set by PrimusBuy elsewhere on the PrimusBuy Sites; (2) online conduct that PrimusBuy believes is harmful to other customers, the business of PrimusBuy, or other third-party information providers; and (3) failure to access your account for one (1) year.
  • PrimusBuy reserves the right to disclose any Photos made available by you or any other customers as necessary to satisfy any law, regulation, or governmental request, or to edit, refuse to submit or to remove any Photos, in whole or in part, that in PrimusBuy’s judgment are unsuitable or in violation of these Terms of Use or other policy set by PrimusBuy elsewhere on the PrimusBuy Sites. PrimusBuy may delete, move, and edit Photos for any reason, at any time, without notice.
  • By making available Photos, you warrant that you are the sole author and owner of the Photos, or that you have obtained all required releases or permissions to permit copying, printing, licensing of the Photos, and your use of the PrimusBuy Digital Photo Center, as set forth in these Terms of Use.
  • PrimusBuy reserves the right to require that you obtain a signed copyright release form from the photographer or studio for photographs that are signed, stamped, or otherwise identified by any photographer or studio as copyrighted material, or any photograph that appears to have been taken by a professional photographer or studio, even if it is not marked with any sort of copyright. In such cases, negatives or digital images of a copyrighted image will be returned to you unprinted and you will be provided instructions on how to present PrimusBuy with a signed copyright release. Copyright owner release forms and copyright permission release forms are available in-store at the PrimusBuy Digital Photo Center.
  • PrimusBuy will not assist in the copying of any state or federal document, including but not limited to driver’s licenses, passports, and social security cards.
  • As a convenience to PrimusBuy customers, PrimusBuy may make third-party software available through the PrimusBuy Digital Photo Center either through physical distribution or by download. To use such software, you will agree to the terms and conditions imposed by the third party provider. Unless otherwise stated in any specific agreement, the agreement to use such software will be solely between you and the third party provider.
  • PrimusBuy uses commercially reasonable efforts to maintain the availability of the PrimusBuy Digital Photo Center 24 hours a day, 7 days a week, and provide photo processing within the time frame communicated to you. However, PrimusBuy will not be liable to you for any unexpected outage or disruption of service. One-hour photo services are subject to limitations on store equipment and processing capacity, and actual pick-up times may vary.
  • Making available any Photos to PrimusBuy for processing, printing, storage, transmission or other handling constitutes an agreement by you that any damage to your Photos or computer system, or any loss of data, by PrimusBuy, its subsidiaries, employees, or agents, even if caused by negligence or other fault, will only entitle you to replacement with a like amount of storage and processing. Except for replacement, to the fullest extent provided by applicable law, the handling of any Photos is not under warranty or liability, and recovery for any incidental or consequential damages is excluded.
  • You understand and agree that any Content, including but not limited to Photos and software, downloaded or otherwise obtained through the use of the PrimusBuy Digital Photo Center is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result in the download or upload of such material. Your use of the PrimusBuy Digital Photo Center may expose you to Photos you may feel objectionable. You take sole responsibility for such exposure.
  1. Disclaimer of Warranties

THE PRIMUSBUY SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRIMUSBUY SITES, ARE PROVIDED BY PRIMUSBUY ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO PRIMUSBUY ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PRIMUSBUY SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRIMUSBUY SITES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PRIMUSBUY ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE PRIMUSBUY ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE PRIMUSBUY SITES. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE PRIMUSBUY SITES IS AT YOUR SOLE RISK. THIS SECTION 17 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY PRIMUSBUY TO YOU THROUGH THE PRIMUSBUY SITES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PRIMUSBUY SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE PRIMUSBUY SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO PRIMUSBUY ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE PRIMUSBUY SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, PRIMUSBUY WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PRIMUSBUY SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A PRIMUSBUY ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO PRIMUSBUY ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE PRIMUSBUY SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO PRIMUSBUY ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE PRIMUSBUY SITES.

  1. Indemnification

You agree to defend (at PrimusBuy’s option), indemnify, and hold the PrimusBuy Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the PrimusBuy Sites or any breach by you of these Terms of Use. PrimusBuy reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with PrimusBuy if and as requested by PrimusBuy in the defense and settlement of such matter.

  1. Disputes & Arbitration; Applicable Law

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the PrimusBuy Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and PrimusBuy will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND PRIMUSBUY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT PRIMUSBUY AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

These Terms of Use will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of California, without regard to conflicts of law principles.

  1. Termination

These Terms of Use are effective unless and until terminated by either you or PrimusBuy. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the PrimusBuy Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the PrimusBuy Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or PrimusBuy, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the PrimusBuy Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Your Use of the PrimusBuy Sites,” “Content and Ideas,” “Monitoring by PrimusBuy,” “Materials Available on the PrimusBuy Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with PrimusBuy,” “Shipping and Delivery,” “Export Policy,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.

  1. General

These Terms of Use represent the complete agreement and understanding between you and PrimusBuy and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and PrimusBuy. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of PrimusBuy to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit PrimusBuy’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the PrimusBuy Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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