Terms & conditions
Primal Supplements Group LLC Website Terms of Use and Conditions of Sale
TERMS OF USE AND CONDITIONS OF SALE
OVERVIEW
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS
OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, OR
PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN
DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE
SECTIONS 14 AND 15). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR
AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR
YOUR RECORDS.
Your use of primalherbs.com, including any sub-domains thereof, affiliated websites,
and mobile applications (collectively, the “Website”), which are owned and maintained
by Primal Supplements Group LLC (“Primal Supplements Group,” “we,” “our,” “us”), are
governed by the policies, terms, and conditions set forth below. Please read them
carefully. We offer the Website, including all information, tools, products, and services
available from the Website to you, the user, conditioned upon your acceptance of all
terms, conditions, policies, and notices stated here. By accessing, using, or placing an
order over the Website, you agree to the terms set forth herein. If you do not agree to
these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER
PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A
JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION
IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES
UNLESS SPECIFIED BELOW IN SECTION 16 OR IF YOU OPT-OUT. PLEASE
CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16
BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page
(https://primalherbs.com/policies/terms-of-service). We reserve the right to update,
change, or replace any part of these Terms by posting updates and/or changes to our
Website. It is your responsibility to check this page periodically for changes. YOUR
CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING
OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
TABLE OF CONTENTS
1. WEBSITE USE
2. PRIVACY & SECURITY DISCLOSURE
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
5. NO MEDICAL ADVICE, AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
6. MODIFICATIONS TO THE WEBSITE AND PRICES
7. PAYMENT
8. ORDER PLACEMENT AND ACCEPTANCE
9. SUBSCRIPTIONS, AUTOMATIC PAYMENT, AND CANCELLATION
10. SHIPPING
11. DELIVERY CONFIRMATION
12. RETURNS AND REFUNDS
13. SOCIAL MEDIA
14. DISCLAIMER OF WARRANTIES
15. DISCLAIMER OF LIABILITIES
16. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND
CLASS ACTION WAIVER
17. INDEMNIFICATION
18. THIRD-PARTY WEBSITES AND LINKS
19. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
20. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
21. ELECTRONIC COMMUNICATIONS
22. ASSIGNMENT
23. NO WAIVER
24. SEVERABILITY
25. TERMINATION
26. ENTIRE AGREEMENT
27. QUESTIONS OR ADDITIONAL INFORMATION
TERMS OF SALE
1. WEBSITE USE
By using the Website and agreeing to these Terms, you represent that you are at least
the age of majority in your state or province of residence. If you use the Website, you
affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
2. PRIVACY & SECURITY DISCLOSURE
Our Privacy Policy may be viewed at https://primalherbs.com/policies/privacy-policy.
The Privacy Policy is incorporated into these Terms by reference and constitutes a part
of these Terms.
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other right by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any
unlawful manner or for any unlawful purpose. You further agree not to commit any
unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing abusive, vulgar, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.
Primal Supplements Group reserves the right to terminate your access to the Website
or any of its services if it determines that you (1) do not comply with these Terms of
Sale; (2) provide false, inaccurate, or incomplete information during our registration
process; (3) engage in any conduct that would otherwise harm any of Primal
Supplements Group’s rights or interests in its Website, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. Primal Supplements Group may take any other actions necessary in this regard or seek any remedies permitted by law.
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
You further agree that any products or services you purchase from Primal Supplements
Group on or through the Website will be used for your personal, non-commercial use.
You agree that you will not resell, redistribute, modify, or export any product that you
order from the Website. Resale of our products outside of authorized channels can
result in the product becoming materially different, which may affect safety, efficacy, or
the ability to honor warranties or guarantees. We reserve the right to limit or prohibit
orders that, in our sole judgment, appear to be placed by dealers, resellers or
distributors.
5. NO MEDICAL ADVICE AND THE ACCURACY, COMPLETENESS, AND
TIMELINESS OF INFORMATION
The material on the Website is provided for general informational purposes only and is
not intended as medical advice or as a substitute for seeking advice from a qualified
healthcare provider. The statements made on this Website have not been evaluated by
the Food and Drug Administration. You should consult your healthcare provider before
using any information provided by Primal Supplements Group.
While we endeavor to provide accurate and current information on our Website, there
may be information on our Website that contains typographical errors, inaccuracies, or
omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors and images
of our products that appear on the Website. We cannot guarantee that your computer
monitor's display of any color will be accurate.
This Website may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve the right
to modify the contents of this Website at any time, but we have no obligation to update
any information on our Website. You agree that it is your responsibility to monitor
changes to our Website.
Primal Supplements Group does not make any guarantee that you will accomplish your
health and wellness goals. Your results may vary depending upon a variety of factors
unique to you, such as your age, health, and genetics.
6. MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right to modify or discontinue access to the Website (or any part or
content thereof) without notice at any time. We shall not be liable to you or to any third
party for any modification, suspension, or discontinuance of access to the Website.
Certain products or services may be available exclusively online through the Website.
These products or services may have limited quantities and are subject to refund,
return, or exchange only according to our Shipping and Refund policies as set herein
and in our FAQ page, or in your order confirmation.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
7. PAYMENT
All charges are in U.S. Dollars.
By submitting payment information to us, you represent and agree that: (i) you are fully
authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive,
updated credit card information from your credit card issuer, such as updated card
numbers and expiration date information when your credit card has expired. If such
updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may
apply. If your bank or credit card issuer reverses a charge to your credit card, we may
bill you directly and seek payment by another method including a mailed statement.
8. ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation, or any form of confirmation, does not signify our
acceptance of your order. We reserve the right to accept or deny shipment to anyone
for any reason. In the event we deny your order, you will receive a refund to your
original form of payment. You understand and agree that we will not be liable for any
losses or damages that may result from our refusal to provide you any product or
service. We reserve the right to require additional information before processing any
order.
9. SUBSCRIPTIONS, AUTOMATIC PAYMENT, AND CANCELLATION
When visiting the Website, You may have the option of purchasing a product one time
or enrolling into Primal Supplements Group’s subscription plan where the payment card
you provide at the time of enrollment is automatically charged at the selected frequency unless and until you cancel. If you enroll in the Primal Supplements Group’s
subscription, the payment card you provided will be billed and the product shipped at
the interval selected from the date of Your initial enrolment unless you cancel. The
prices charged for your subscription will be those confirmed to you at the time you on
the checkout page at the time of your enrollment in Primal Supplements Group’s
subscription plan. If you wish to cancel your subscription in Primal Supplements
Group’s subscription plan, you may do so at any time, however, you must cancel your
subscription 24 hours prior to the shipment of your next scheduled order. To cancel your subscription, simply e-mail us at hello@primalherbs.com or login to your account.
IF YOU ARE ENROLLED IN THE PRIMAL SUPPLEMENTS GROUP SUBSCRIPTION
PROGRAM AT THE TIME OF YOUR INITIAL PURCHASE AND YOU HAVE
PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE
PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT
THE TIME OF EACH SHIPMENT OR INSTALLMENT AND WILL BE BILLED TO THE
PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR
ENROLLMENT IN THE PRIMAL SUPPLEMENTS GROUP SUBSCRIPTION PLAN. IF
YOU WISH TO CANCEL YOUR PARTICIPATION IN THE PRIMAL SUPPLEMENTS
GROUP SUBSCRIPTION PROGRAM, YOU MAY DO SO AT ANY TIME BY E-
MAILING HELLO@PRIMALHERBS.COM OR BY LOGGING INTO YOUR ACCOUNT.
If You participate in the Primal Supplements Group subscription program using a
payment card and your payment card fails to process for a subsequent shipment, you
agree that Primal Supplements Group may contact you on any phone number (including a cell phone number) or e-mail address you provided for alternate payment information. If you fail to pay for any product or service received, your account may be sent for collection.
10. SHIPPING
Primal Supplements Group ships to addresses located in the United States and
internationally in accordance with our Shipping Policy. Delivery times for orders varies
based on location. Please visit our Website for additional terms that may apply to your
order. You may track your order here.
Accurate shipping address and phone number are required. We are not responsible for
late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support by email at hello@primalherbs.com immediately, or by filling out the web form here. You must contact us as soon as possible in order to modify or cancel your pending order. However, we frequently ship the same day that you order, so we cannot guarantee that we will be able to amend your order in accordance with your instructions.
11. DELIVERY CONFIRMATION
Because many instances may occur at your delivery address that are beyond our
control, you agree that any delivery confirmation provided by the carrier is sufficient
proof of delivery, even without a signature.
12. RETURNS AND REFUNDS
Primal Supplements Group wants you to be satisfied with your experience with us so we have made returning or exchanging products easy. If you receive the wrong item or if it arrives damaged or defective, please visit the Refund Policy on our Website for
additional information about how to return or exchange a product or request a refund.
All sales are final after 14 days from order delivery.
After the shipping department receives your return, it generally takes fourteen business days to process your refund. Once a return is processed, it may take up to fourteen days for the return to be posted to your account, depending on your financial institution.
13. SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).
The sites and platforms that host our Social Media Presence are not controlled by us
and therefore have their own privacy policies and terms of use. The comments and
opinions expressed by users on social media are theirs alone and do not reflect the
opinions of Primal Supplements Group, and we have no obligation to monitor or remove
user comments. If you see an offensive or inappropriate post or comment on our Social
Media Presence, you should report it to the operator of the applicable site or platform
using the procedures they have established for that purpose.
14. DISCLAIMER OF WARRANTIES
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS
PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO,
AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND
WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,
AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON
THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY
DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET
YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE
SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
15. DISCLAIMER OF LIABILITIES
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL PRIMAL
SUPPLEMENTS GROUP OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR
AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY,
CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR
CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY
POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED
USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER PRIMAL
SUPPLEMENTS GROUP HAS HAD NOTICE OF THE POSSIBILITY OF SUCH
DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION,
ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL,
COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY
OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR
OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH
DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY,
WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE
LIMITATIONS OF LIABILITY SET FORTH ABOVE, PRIMAL SUPPLEMENTS GROUP
IS FOUND LIABLE UNDER ANY THEORY, PRIMAL SUPPLEMENTS GROUP’S
LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00.
THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS
OF WHETHER PRIMAL SUPPLEMENTS GROUP WAS AWARE OF OR ADVISED IN
ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE
ADDITIONAL RIGHTS.
16. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS
ACTION WAIVER
PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE
ANY DISPUTE OR CLAIM BETWEEN YOU AND PRIMAL SUPPLEMENTS GROUP
ON AN INDIVIDUAL BASIS.
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO
THIS ARBITRATION PROVISION, PRIMAL SUPPLEMENTS GROUP’S PRIVACY
POLICY OR TERMS OF SALE, PRIMAL SUPPLEMENTS GROUP’S ADVERTISING
OR MARKETING PRACTICES, OR PRIMAL SUPPLEMENTS GROUP’S PRODUCTS
OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL
ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE
AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER
ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY
THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, AND THE
ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION
PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE
AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS
ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE
LAW OF THE STATE OF NEW MEXICO TO THE EXTENT CONSISTENT WITH THE
FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN
INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT
LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES,
DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING
PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE
AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE ARBITRATOR MAY
ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND PRIMAL
SUPPLEMENTS GROUP AND MAY NOT CONSOLIDATE CLAIMS OR
PROCEEDINGS WITHOUT PRIMAL SUPPLEMENTS GROUP’S CONSENT. THE
ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR
REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR
ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE
CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY,
THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE
BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT
PRIMAL SUPPLEMENTS GROUP HAS THE RIGHT TO BRING A CLAIM AGAINST
YOU IN THE STATE OR FEDERAL COURTS OF NEW MEXICO FOR INJUNCTIVE
RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL
OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF PRIMAL
SUPPLEMENTS GROUP’S INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE
THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL
JURISDICTION IN SUCH FORUM.
UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE
A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU
PURCHASED A PRODUCT OR SERVICE THROUGH PRIMAL SUPPLEMENTS
GROUP’S WEBSITE BY SENDING A LETTER TO: PRIMAL SUPPLEMENTS GROUP
LLC ATTN. LEGAL DEPARTMENT, 2201 MENAUL BLVD NE STE A,
ALBUQUERQUE, NM 87107, STATING YOUR NAME, THE PRODUCT YOU
PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.
17. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold
harmless Primal Supplements Group, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
18. THIRD-PARTY WEBSITES AND LINKS
Our Website may include materials from third-parties or links to third-party websites.
We are not liable for any third-party materials or websites. We are not liable for any
harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
19. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Primal Supplements Group is pleased to hear from users and customers and welcomes
your comments regarding our services and products. You agree that anything you submit or post to the Website and/or provide us, including without limitation,
photographs, testimonials, ideas, know-how, techniques, questions, reviews,
comments, and suggestions (collectively, “Submissions”) is and will be treated as non-
confidential and nonproprietary, and that we shall have the royalty-free, worldwide,
perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish,
perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form. You agree that any Submission that you provide us is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that Primal Supplements Group may use a Submission, in whole or in part, together with the name of the person submitting it. You agree that Submissions, including testimonials, may be used for any form of advertising relating to Primal Supplements Group’s products or services, in printed and online media, as Primal Supplements Group determines in its absolute discretion. These testimonials do not represent the generally expected user experience.
20. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY
RIGHTS
a. DMCA Notice
This Website maintains specific contact information provided below, including an email
address, for notifications of claimed infringement regarding materials posted to this
Website. All notices should be addressed to the following contact person:
Notification of Claimed Infringement:
Primal Supplements Group LLC
Attn: DMCA/Copyright Agent
2201 Menaul Blvd NE STE A
Albuquerque, New Mexico 87107
Email: hello@primalherbs.com
You may contact our agent for notice of claimed infringement specified above with
complaints regarding allegedly infringing posted material and we will investigate those
complaints. If the posted material is believed in good faith by us to violate any
applicable law, we will remove or disable access to any such material, and we will notify
the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act
requires that you include the following information: (i) description of the copyrighted
work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
b. Intellectual Property Rights, License
The audio and video materials, images, photographs, articles, opinions, and other text,
graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces,
digital downloads, software, data compilations and other content associated with the
Website (the “Content”) are owned or licensed by and to Primal Supplements Group or
other authorized third parties and are protected by intellectual property, copyright,
trademark, trade dress and other laws in the U.S. and in other countries. You must
comply with all such laws and applicable copyright, trademark or other legal notices or
restrictions. You shall not remove or alter any copyright, trademark, or other legal
notices marked on the Content. As between you and Primal Supplements Group, we
will retain all right, title, and interest in and to the Website and the Content. No transfer
of ownership to any portion of the Content shall be made as a result of any access you
are granted. Except as expressly set forth in these Terms of Sale or expressly granted
to you in writing by Primal Supplements Group, no rights are granted to you. You agree
to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of Primal Supplements Group.
You are only permitted to access and view the Content for personal, non-commercial
purposes in accordance with these Terms of Sale, and may not build a business or
other enterprise utilizing any of the Content, whether for profit or not. Except as
provided in these Terms of Sale or otherwise expressly authorized by us in writing, you
may not (either directly or through the use of any software, device, internet site, web-
based service or other means) download, stream capture, store in a database, archive
or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend,
broadcast, transmit or otherwise disseminate, distribute, display or perform any part of
the Website or Content; license or sublicense any part of the Website or Content; or in
any way exploit any part of the Website or Content. In addition, except as provided in
this Terms of Sale or otherwise expressly authorized by us in writing, you are strictly
prohibited from modifying Content; creating, distributing or advertising an index of any
significant portion of the Content; or otherwise creating derivative works or materials
that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
c. Copyright
The copyright in all materials provided on the Website is owned by Primal Supplements
Group or its affiliate(s). Except as stated herein, none of the material contained in the
Website may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording or otherwise, without the prior written
consent of Primal Supplements Group. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only,
provided such materials are used solely for informational purposes, and all copies, or
portions thereof, include this copyright notice. Primal Supplements Group may revoke
any of the foregoing rights at any time. You may not, without Primal Supplements
Group’s prior written consent, "mirror" any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
d. Trademarks
The trademarks, service marks and logos ("Trademarks") used and displayed on the Website are registered or unregistered Trademarks of Primal Supplements Group.
Nothing on the Website shall be construed as granting, by implication, estoppel or
otherwise any license or right to use any Trademark displayed on the Website without
the prior written consent of the Trademark owner. The name of Primal Supplements
Group or any Trademark may not be used in any way including in any advertising or
publicity pertaining to distribution of materials on the Website without the prior written
consent of Primal Supplements Group. Primal Supplements Group prohibits the use of
any Primal Supplements Group logo and Trademark as a "hot" link to any web site unless establishment of such link is approved in advance by Primal Supplements Group in writing.
21. ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such
communications, as well as notices, disclosures, agreements, and other
communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
22. ASSIGNMENT
You may not assign any of your rights under these Terms, and any such attempt will be
null and void. Primal Supplements Group and its affiliates may, in their individual
discretion, transfer, without further consent or notification, all contractual rights and
obligations pursuant to these Terms if some or all of Primal Supplements Group’s
business is transferred to another entity by way of merger, sale of its assets or
otherwise.
23. NO WAIVER
No waiver by Primal Supplements Group of any term or condition set forth in these
Terms shall be deemed a further or continuing waiver of such term or condition or a
waiver of any other term or condition, and any failure by Primal Supplements Group to
assert a right or provision under these Terms shall not constitute a waiver of such right
or provision.
24. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent
permitted by applicable law, and the unenforceable portion shall be deemed to be
severed from these Terms. Such determination shall not affect the validity and
enforceability of any other remaining provisions.
25. TERMINATION
In the event that we terminate this Agreement, Sections 2-5, 13-17, 19-26, as well as
any representations, warranties, and other obligations made or taken by you, shall
survive the termination of this Agreement.
26. ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the
Website or in respect to the Website constitute the entire agreement and understanding between you and Primal Supplements Group and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
27. QUESTIONS OR ADDITIONAL INFORMATION
Please contact Customer Support if you have any questions concerning your purchase.
Additional information can be located on our Website.
Primal Supplements Group LLC
Email: hello@primalherbs.com
