Terms & Conditions
By accessing or using our site or otherwise purchasing or using our Products and Services, you agree to be bound by these Terms & Conditions. These Terms & Conditions apply to all users and purchasers of our Products and Services, including without limitation users who are browsers, customers, vendors, merchants and/or contributors of content. Any new, information, features, tools or other Products and Services which are added to the current site (including to our online store) shall also be subject to these Terms & Conditions.
Please read these Terms & Conditions carefully before accessing or using our website or otherwise using or purchasing our Products or Services. If you do not agree to all of these Terms & Conditions, then you should not access or use our website or otherwise use or purchase any of our Products or Services. You can review the most current version of these Terms & Conditions at any time on this page. We reserve the right to update, change, delete or replace any part of these Terms & Conditions by posting updates and/or changes. It is your responsibility to check this page periodically for changes. Your continued access and use of our website or your other continued use or purchase of our Products or Services following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and Services to you.
SECTION 1 – GENERAL ONLINE STORE TERMS
By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or country of residence or that you are the age of majority in your state or country of residence and you have given us your consent to allow any of your minor dependents to use this site. You also represent that you have full legal authority and the necessary financial means to engage in your transaction(s) with us.
You may not use or purchase our Products or Services for any illegal or unauthorized purpose nor may you, in the use or purchase of any of our Products or Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
To the fullest extent allowed by applicable law, a breach or violation of any of these Terms & Conditions may result in termination of your use and purchases of our Products and Services.
SECTION 2 - GENERAL CONDITIONS
To the fullest extent allowed by applicable law, we reserve all of our rights to not do business with any party for any reason.
You understand that any content you post on our website (not including credit card information) may be transferred unencrypted and may involve (a) transmission over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, sell, resell or exploit for any purpose any portion of our website or any of our other Products or Services without express written permission from us.
SECTION 3 - ACCURACY, COMPLETENESS & TIMELINESS OF WEBSITE INFORMATION; DESCRIPTIONS & IMAGES
To the fullest extent allowed by applicable law, we shall not be liable if information made available on our website is not accurate, complete or current. The material on our site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more complete, or more timely sources of information. Any reliance on the material on our website is at your own risk.
Our website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
All descriptions of Products and Services on our site are subject to change at any time without notice, at our sole discretion. We have made every effort to display as accurately as possible the colors and images of our Products and Services that appear on our site, including in our store. However, we cannot guarantee the accuracy of any color or image or that your computer monitor's display of any color or image will be accurate.
We reserve the right to modify the contents of our website at any time, but we have no obligation to do so. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO PRODUCTS, SERVICES & PRICES
Prices for our Products and Services are subject to change without notice at any time.
We also reserve the right to modify or discontinue our Products or Services (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, price change, suspension or discontinuance of a Product or Service.
SECTION 5 – CERTAIN PRODUCTS OR SERVICES; ORDER LIMITATIONS
Certain Products or Services may be available exclusively online through our website. These Products or Services may be available only in limited quantities and are subject to return only according to our Return Policy.
To the fullest extent allowed by applicable law, we reserve the right, in our sole discretion, to refuse any order placed with us. Also to the fullest extent allowed by applicable law, we may, in our sole discretion, limit or cancel quantities purchased overall or per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
To the fullest extent allowed by applicable law, we reserve the right, but are not obligated, to (1) limit the sales of our Products and Services to any person, geographic region or jurisdiction, and (2) limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Any offer of any Product or Service made on our website is void where prohibited by law.
SECTION 6 - ACCURACY OF BILLING & ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Please also review our Return Policy.
SECTION 7 - THIRD-PARTY INFORMATION & TOOLS
On our site, we may provide you with access to third-party information and tools which we neither monitor nor have any control over nor input into. You acknowledge and agree that we provide access to such information and tools ”as is, where is” and “as available,” without any warranties or representations of any kind and without any endorsement. To the fullest extent allowed by applicable law, we disclaim, and you waive and release us from any liability, responsibility, injuries, losses and damages caused by or related to your use of third-party information or tools on our site. Any use by you of such information or tools is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the any third-parties. Questions, complaints and claims regarding third-party information and tools, and related information, websites or products or services, should be directed to the relevant third-party.
SECTION 8 - THIRD-PARTY LINKS
Certain information and other Products and Services available via our website may also include linked material from third-parties. Third-party links on our site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant them in any manner. To the fullest extent allowed by applicable law, we disclaim, and you waive and release us from any liability, responsibility, injuries, losses and damages caused by or related to any third-party linked materials or websites, products or services. Please review carefully all third-party policies and practices and make sure you understand them before you engage in any transaction. Questions, complaints and claims regarding third-party linked materials, websites or products or services should be directed to the relevant third-party.
SECTION 9 - USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
If, at our request, you provide us with certain specific submissions (for example contest entries) or, without a request from us, you provide creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively “comments”), you agree that we may, at any time, without any restriction, edit, translate, copy, publish, distribute and otherwise use and exploit in any medium and in any manner, for profit or otherwise, any comments that you provide to us. We shall have no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, (3) to respond to any comments, or (4) to use any comments for any purpose.
We may, but have no obligation to, monitor, edit or remove content, including comments, that we determine in our sole discretion may be unlawful, offensive, threatening, libelous, disparaging, pornographic, obscene or otherwise objectionable or which may violate any party’s intellectual property rights or these Terms & Conditions.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal, property or proprietary rights. You further agree that your comments shall not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our website, our other Services or any related website or services. You agree that you shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. To the fullest extent allowed by applicable law, we take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 – CORRECTION OF ERRORS, INACCURACIES & OMISSIONS
Occasionally there may be information on our website or within our Services that contains typographical errors, inaccuracies or omissions that may relate to things such as Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability, and to Services. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders at any time and without notice if any information on our website or within our Services (or on or in any related website or services) is inaccurate or omitted. However, we undertake no obligation to update, amend or clarify information on our website or within our other Services (or on or in any related website or services), including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our website or otherwise within our Services (or on or in any related website or services) should be taken to mean that all information on our website or within our Services (or on or in any related website or services) has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms & Conditions, you are prohibited from using our website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state or local laws, regulations, rules or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information in any context; (g) to upload or transmit 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 our website or other Services (or of any related website, other websites, or the Internet generally); (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our website or our other Services (or any related website, other websites, or the Internet generally). To the fullest extent allowed by applicable law, we, in our sole discretion, reserve the right to terminate your use of our website and our other Services (or any related website or services) for engaging in any prohibited use.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY & DAMAGES
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE DISCLAIM, AND YOU RELEASE AND WAIVE, ANY RIGHTS, CLAIMS, LIABILITY, RESPONSIBILITY, INJURIES, LOSSES AND DAMAGES IN ANY WAY ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OF OUR WEBSITE OR ANY OF ITS OWN OR INCORPORATED CONTENT AND YOUR USE AND PURCHASE OF OUR OTHER PRODUCTS AND SERVICES. BY WAY OF EXAMPLE, AND WITHOUT LIMITATION, WE DISCLAIM AND YOU RELEASE AND WAIVE ANY RIGHTS, CLAIMS, LIABILITY, RESPONSIBILITY, INJURIES, LOSSES AND DAMAGES IN ANY WAY ARISING OUT OF OR RELATED TO:
• WHETHER OUR WEBSITE OR OUR PRODUCTS OR SERVICES ARE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
• WHETHER OUR WEBSITE OR OUR PRODUCTS OR SERVICES MEET ANY STANDARDS OF QUALITY, CHARACTER OR PRICE.
• WHETHER OUR WEBSITE OR OUR PRODUCTS OR SERVICES ARE ACCURATE OR RELIABLE.
• THE MODIFICATION, SUSPENSION OR TERMINATION, AT ANY TIME AND WITHOUT PRIOR NOTICE, OF OUR WEBSITE (OR PORTIONS THEREOF) OR OF ANY OF OUR OTHER PRODUCTS OR SERVICES.
YOU EXPRESSLY AGREE THAT YOUR ACCESS, USE AND/OR PURCHASE OF, OR YOUR INABILITY TO ACCESS, USE OR PURCHASE, OUR WEBSITE OR OUR OTHER PRODUCTS OR SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, OUR WEBSITE AND OUR OTHER PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS, WHERE IS, “AS AVAILABLE” BASIS ONLY, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE QUALITY OF ANY OF OUR PRODUCTS OR SERVICES, OR ANY OTHER MATERIAL USED OR PURCHASED BY YOU, WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS IN ANY PRODUCT OR SERVICE SHALL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL PRIMAL OR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OTHER AGENTS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, SERVICE PROVIDERS AND LICENSORS/LICENSEES BE LIABLE FOR ANY INJURY, LOSS, DAMAGE OR CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, IN ANY WAY ARISING FROM OR RELATED TO YOUR ACCESS OR USE OF OUR WEBSITE OR YOUR USE AND PURCHASE OF ANY OF OUR OTHER PRODUCTS OR SERVICES, EVEN IF WE KNEW OF THEIR POTENTIAL. IN ANY JURISDICTION WHICH DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY SHALL STILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.
OUR FORBEARANCE IN THE EXERCISE OR ENFORCEMENT OF ANY OF OUR RIGHTS OR ANY PROVISION OF THESE TERMS & CONDITIONS SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Primal and our subsidiaries, affiliates, partners, owners, directors, officers, employees, other agents, contractors, subcontractors, suppliers, service providers and licensors/licensees from, with respect, and related to any suit, claim or demand, including for any and all liability, injuries, losses, damages, penalties, fines, reasonable attorneys’ fees and court costs, made by any third-party due to, arising out of or related to your breach of these Terms & Conditions, your violation of any law or of our rights or those of any third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms & Conditions 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 & Conditions, but such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations, liabilities, disclaimers, releases and waivers, and limitations set forth in these Terms & Conditions shall survive termination of any specific transaction.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any provision of these Terms & Conditions, we may, to the fullest extent allowed by applicable law, terminate any transaction with you, cease doing business with you, and deny you access to our website and our other Products and Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
These Terms & Conditions (including any incorporated terms posted by us on our website) constitute the entire agreement and understanding between you and us and govern your use of our website and your use and purchase of our other Products and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms & Conditions). You agree that any ambiguities in these Terms & Conditions, if any, shall not be construed against us.
SECTION 18 - GOVERNING LAW & DISPUTE RESOLUTION
Except as otherwise set forth in a writing signed by both you and us, if any, these Terms & Conditions and any other agreements between you and us shall be governed, construed and enforced in accordance with the laws of the State of California.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES YOU RAISE WITH US IN ANY WAY ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF OUR WEBSITE OR ANYTHING ON IT, OR YOUR USE AND PURCHASE OF OUR OTHER PRODUCTS AND SERVICES, SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION BEFORE AND UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN EFFECT. VENUE OF ANY ARBITRATION SHALL BE, EXCLUSIVELY, IN SAN FRANCISCO COUNTY, CALIFORNIA. THERE SHALL BE NO CLASS ARBITRATIONS. BE ADVISED THAT THIS AGREEMENT WILL RESULT IN YOUR WAIVING ANY RIGHTS YOU MAY HAVE TO TRIAL IN A COURT OR BY A JURY.
SECTION 19 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at [email protected].