- 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 “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.
- 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.
- 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.
- 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;
- Content and Ideas
- Submitting Content and Ideas
- 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.
- 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.
- Monitoring by PrimusBuy
- 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.
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.
- Third Party Sites
- Placing an Order
- Order Acceptance and Billing
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.
- 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.
- 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.
- 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
- 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.
- 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.
- Intellectual Property
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.
- 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.
- Third-Party Software & Licensing Notices
The PrimusBuy Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”).
- 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:
- 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.
- 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 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.
- Disclaimer of Warranties
- 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.
- 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.