The following are some general guidelines:
The website ("Site"), is owned by Primal Health LP (also known as "PRIMAL", "we" or "us". By using the site, you agree that these Terms of Services will apply and that the site should be used in accordance with the Terms of Service. This includes our Privacy Policy, Refund Policy, and any other terms and conditions applicable to certain sections of the website or products or services offered through the website or by PRIMAL. By accessing the site, whether automatically or otherwise, you agree to these Terms of Service.
We reserve the rights to modify these Terms of Services or impose new conditions for the use of the Site from time to time. In this case, we will post revised Terms of Services on this website. You accept these Terms of Service if you continue to use the Site following the posting of any changes.
Intellectual Property Rights
Limited License granted to you.. The Site, including all materials, is the property of our company and/or its affiliates and licensors. They are protected under copyright laws, trademark laws, and other intellectual properties laws. This Site is only for your noncommercial personal use. The Site and the materials on the Site may not be used in a way that violates our rights, or is not authorized by us. You may not, except as expressly authorized by these Terms of Services or the owner of the material, modify, copy or reproduce, republish or upload, post or transmit any materials from the Site. Nor can you sell, create derivatives, exploit or distribute any of the site's content in any way or medium, including by email. You may download and/or copy individual pages from the Site on occasion for personal and non-commercial purposes, as long as you maintain all copyright notices and proprietary rights.
Your License To Us.. You represent that: (i), you own the material or have the consent of its owner to post or submit it; (ii), you are at least thirteen years old. When you email, text, deliver or post material, you grant us and anyone authorized to us a perpetual, irrevocable non-exclusive license worldwide. This includes the right to use, copy modify, transmit sell, exploit, make derivative works, distribute and/or publicly display or perform such material in any way or medium now known or later developed. This grant includes the right to exploit all proprietary rights within such submission or posting, including but not limited copyright, trademarks, service marks, or patent laws in any jurisdiction. In connection with such rights, you also grant us and anyone authorized to us the right, by name, email or screen name as we deem fit, to identify you as author of any postings or submissions.
You acknowledge and accept that any contribution originally created by yourself for us will be considered a "work for hire", if the work performed falls within the definition of an work for hire as defined in Section 101, United States Copyright Law (as amended). PRIMAL will own the copyrights to these works from their conception. PRIMAL will be considered the sole owner and author of all works created by you. PRIMAL has the exclusive right to use any or all results or proceeds, whether in the future or now, on any media in any language, and in all languages throughout the universe. If any of your submissions are not considered a "work for hire" as defined in Section 101 of Copyright Act (as amended), you irrevocably transfer, assign and convey to PRIMAL, in perpetuity, all rights to the material, including all copyrights, trademarks, and other proprietary rights throughout the entire universe in any medium now known or yet to be invented, and all rights, title, and interests in and to these proprietary rights. We will co-own any material that you post which is a reproduction of your prior work.
You acknowledge that PRIMAL is entitled to display and use any contributions or postings of any kind, but that it does not have to do so. PRIMAL can choose to stop using and displaying any of these materials (or any part thereof) at any time and for any reason.
Limitations of Linking and Framing. A hypertext link is permitted, provided that it does not imply or state any sponsorship by us or the Site. You may not frame or link to any content on the Site without our written consent.
Disclaimers
We may include links to Internet sites that are maintained by third-parties on the Site. The fact that we link to these third-party websites does not mean that we endorse or sponsor them, their information, products, or services. We nor our affiliates do not control or operate in any way any of the information, products, or services provided by third parties on or through this Site, or any websites we link to on the Site.
Any opinions, advices, statements, offers, services or other content or information expressed or made accessible by third parties (including information providers) are the responsibility of their respective authors or distributers and not PRIMAL. PRIMAL and any other third-party information provider do not guarantee the accuracy, completeness or usefulness any content. PRIMAL is not responsible for the accuracy or reliability of any opinions, advices, or statements made by anyone else other than an authorized PRIMAL employee acting in their official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY PRIMAL AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, and servers which make it available, are free from viruses.
We do not warrant or make any representations regarding the use of this site, materials on this site, or third-party sites in terms of their accuracy, timeliness, reliability, or otherwise.
You agree to indemnify, defend and hold PRIMAL, its affiliates and their respective successors, transferees or assignees as well as their parent and subsidiary companies and agents, associates officers, directors and shareholders, and employees, harmless from and against all claims, actions, damages, liabilities and costs, including legal expenses and fees, arising out or related to any breach of your obligation, warranty or representation set forth in this agreement.
In sales and marketing material, we may present customer testimonials that are portrayed by actors instead of the real customers. The use of actors is used when customers cannot provide video testimonials, or are camera shy. The disclaimers used for actors will inform the viewer that they are being used.
Online Shopping
Depending on the section of the site, you may be able to buy a variety of different products and services that are offered by third-parties. We are not responsible or liable for any aspect of the products and services, including their quality, accuracy, reliability, timeliness or other aspects. When you purchase a product or service from a merchant through the Site or a website linked by the Site the information collected during your visit may be shared with both the merchant and ourselves. This includes information such as credit card numbers and contact details. The privacy and data collection policies of a merchant may differ from ours. These independent policies are not under our control or responsibility. You may also be subject to other terms and conditions when purchasing products or using services through or on the Site. These additional terms and condition will apply specifically to your purchase of or use for such products or service. Visit the website of a merchant to learn more about its online store, privacy policies and/or additional terms and conditions. You can also contact that merchant directly. You agree to release us and any of our affiliates for any damages you may incur and not to make any claims against them or us arising from the purchase or use any products or services offered by third parties via the Site.
You and the third party are responsible for all correspondence, business, or participation with third parties found on our Site. This includes payment, delivery, or any other terms and conditions. You agree that PRIMAL is not responsible for any damage, loss or other issues resulting from such dealings.
You agree that you are financially responsible for any purchases made through the Site by yourself or anyone acting on your behalf. You agree to only use the site and purchase products or services through it for legitimate, noncommercial purposes. You agree to refrain from making any purchases that are speculative or false, or those made for fraudulent or fictitious purposes. You agree that you will only buy goods or services if they are for yourself, or for someone else who is legally allowed to purchase them. You represent that when you make a purchase on behalf of a third-party that requires that you provide the third-party's personal data to us or to a merchant, that third-party has given you their express consent to do so.
Interactive Features
The Site may have a number of features such as chat rooms, bulletin boards, weblogs, email services and other communication tools that allow users to interact with each other. Each user is responsible for postings on bulletin board, web logs and chat rooms on the Site or sending emails via the Site's email service. We don't control any messages, files or information that you or other users may send through the Site. You must not:
Restriction or inhibition of any other users from using and benefiting from the Site.
You may not impersonate anyone or any entity on the Site, or misrepresent or lie about your affiliation to a person.
Disobey the requirements, procedures, rules or regulations that the networks we use for the Site have.
You may not use the site to encourage or incite others to engage in illegal activity or to cause bodily harm or property damage.
Hacking, password mining, or other illegal means can be used to gain unauthorized access to any account or computer system connected to the Site.
You may not obtain or attempt to get any information or materials through any other means than those that are intentionally available on this site.
You may not use the Site to transmit or post any illegal, threatening or abusive information, including but not limited to any obscene or vulgar material, or any information that is obscene or vulgar. This includes any transmissions that encourage or constitute conduct which would be a crime, or give rise to civil liability, or violate any local, federal, state or international law.
You may not post or transmit on the Site any information, software, or other material which violates the rights of another, such as material that infringes privacy rights, publicity rights, or material protected by copyrights, trademarks, or other proprietary rights, or derivatives thereof, without first getting permission from the rights owner.
Use the Site to transmit or post any information, software, or other material containing a virus or another harmful component.
You may not use the site to distribute, post or otherwise exploit information, software, or other materials that are commercial or contain advertising.
You may not use the site to solicit or advertise to others to buy, sell, or donate products or services or any other type of donation without our written consent.
For marketing purposes, collect any email addresses and other personal information posted by users on the Site.
PRIMAL hosts message boards, chats, and other public forums in its Sites. Users who do not comply with this Agreement will be banned from the message boards, public forums, or chats, and may also have their access denied in the future. PRIMAL, or its agents, may alter or remove any user-created material at any time and for any reason. Users and subscribers can use message boards, chats, and other public forums as discussion areas. These public forums can be populated by PRIMAL employees, PRIMAL contributors from outside, or users who are not affiliated with PRIMAL. Some of these users may use anonymous user names. PRIMAL disclaims any responsibility or endorsement, and does not make any representations as to the validity or any opinions, advice, information, or statements made or displayed by third parties in these forums. We are also not responsible for any errors, omissions, or hyperlinks embedded within any messages. We, our suppliers, affiliates or agents will not be responsible for any damage or loss caused by your reliance upon information obtained from these forums. These forums reflect only the opinions of participants and not those of PRIMAL, its subsidiaries or affiliates.
PRIMAL is under no obligation to monitor the content of any message boards, chatrooms or other public forums available on the Sites. You acknowledge and agree, however, that we reserve the right to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. We reserve the right, at our sole discretion, to edit, refuse or remove postings or any content in their entirety or in part. This includes the right to reveal the circumstances of transmission and any other information that may be necessary to comply with any law, regulation, legal request or governmental requirement, and to protect us, our clients and sponsors, as well as users, visitors and users.
Registration
We may ask for certain demographic data to access certain features on the Site. This includes your gender, date of birth, zipcode and country. If you choose to sign up for a specific feature of the Site such as chats, weblogs or bulletin board, you will also be required to complete a registration form. This may include providing personally identifiable information like your name and email. The Site's registration page will ask you to enter accurate, complete and current information about yourself. We have the right, if we have reasonable suspicions that the information you provide is false, inaccurate or incomplete, to suspend or terminate the account, and to refuse all future or current use of the site (or any part thereof). The terms of our Privacy Policy govern the use of personally identifiable information that you provide as part of registration.
Passwords
You will need to register on the Site in order to receive a username and a password. You are responsible to maintain the confidentiality of your account and password, and for any activities that are performed under it (by you or others). You agree to immediately notify us of any unauthorized usage of your password or your account, or any other security breach. Also, you must ensure that you leave your account at each end of the session. We will not and cannot be held responsible for any damage or loss resulting from your failure of protecting your password or account details.
Limitation of Liability
NEITHER WE NOR OUR SUBSIDIARY OR PARENT COMPANIES OR AFFILIATES SHALL BE LIABLE UNDER ANY CIRCUMSTANCES (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) FOR ANY DIRECT OR INDIRECT, INCIDENTAL OR SPECIAL DAMAGES THAT RESULT EVEN IF THEY WERE ADVISED PRIOR TO THE USE OR INABILITY TO USE THE SITE, INCLUDING OUR MESSEN The above limitation may not apply to you because some states do not allow the exclusion or limitation of certain categories of damages. In such states, our liability and the liability of our subsidiary or parent companies or affiliates is limited to the fullest extent permitted by state law. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
This site is constantly under development and PRIMAL makes no warranty of any kind, implied or express, as to its accuracy, completeness, or appropriateness for any purpose.
CONTENT RELATING HEALTH AND WELLNESS IS NOT ALLOWED ON THIS SITE.
This site is intended for educational purposes only. This information is not intended to replace professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, it is important that you consult a physician or other professional in the field of healthcare. ADVICE RELATED TO HEALTH OR MEDICINE FROM YOUR HEALTHCARE PROFESSIONAL SHOULD NOT BE DISREGARDED, AVOIDED OR DELAYED DUE TO SOMETHING THAT YOU MAY READ ON THIS WEBSITE. The use of any information provided on this site is solely at your own risk.
ADVICE, DIAGNOSIS, PROGNOSIS, OR INSTRUCTIONS PROVIDED BY MEDICINE OR COUNSELING IS NOT INTENDED AS MEDICAL OR CONSULTING CARE. For the purposes of this agreement, "practice of medicine and counseling" includes, without limitation, PSYCHIATRY (psychology), PSYCHOLOGY (psychotherapy), or providing health care treatment, instructions, diagnosis, prognosis, or advice.
This site should not be used as a sole basis for making decisions. Consult a health professional on any issue affecting your health or well-being. This includes but is not limited to:
You should not make any changes to the medication or treatment that you are currently taking.
You should stop taking any medications or treatments you are currently on.
Start any new treatment or medication.
We believe that the information and opinions presented here are accurate and sound. This is based on our best judgment. However, anyone who does not consult the appropriate health authorities assumes all risk. The content of this website is not intended to replace professional medical advice, diagnosis or treatment. Primal does not accept responsibility for any errors or omissions.
Call your doctor immediately if you suspect a medical crisis.
Termination
You may terminate or cancel your use of the Site or any portion thereof at any time, without prior notice. You are not authorized to access any part of the Site in the event of a cancellation or termination. These Terms of Service will continue to apply in relation to the restrictions placed on you regarding the material that is downloaded from the Site.
Refund Policy
You may be entitled to a refund if you purchase a service, product, or event ticket. The refund policy for each product, service or event will be specified.
Price Matching Policy
PRIMAL will not match any price on any product.
Other
Primal may refer to "credits", "discounts", or other promotional offers that are available to customers. These "credits", "discounts", or other promotional offers may only be used to make purchases at Primal. They cannot be redeemed or refunded for cash. All "discounts or credits" that are applied to orders with products from the Primal VIP AutoShip Program will only be applied to the first order. The price of all subsequent orders as part of the Primal VIP AutoShip Program will be the same as the product page on the website, plus any applicable taxes, if required.
The Digital Millennium Copyright Act of 1988 (the "DMCA") gives copyright holders recourse if they believe that materials appearing on the Internet violate their rights under U.S. Copyright Law. You or your agent can send PRIMAL an email if you are convinced that PRIMAL's hosting of materials infringes your copyright. The request may be to remove the material or block access to it. A copyright owner, or a person authorized by the owner to act for it, who fails to comply with the DMCA requirements will not be considered a sufficient notification and PRIMAL will not be deemed aware of any facts or circumstances that would indicate infringing materials or acts. The DMCA allows you to counter-notify PRIMAL if you are convinced that a copyright infringement notice has been filed in error against you. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. PRIMAL's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: support@primalhealthlp.com.
This Agreement will be binding on PRIMAL, our successors, heirs and legal representatives, and it will benefit them. This Agreement or any rights under it may not be assigned without PRIMAL's prior written consent. PRIMAL may freely assign all rights and obligations under the Agreement to any affiliate or its wholly-owned subsidiaries.
Dispute Resolution:
Any dispute will be arbitrated in Dallas, TX.
Class Action Waiver
You can only resolve disputes on an individual basis. You cannot bring a claim in a representative, class or consolidated action. No class arbitrations, no class actions, no private attorney general actions and no consolidation of arbitrations with other arbitrations.
The arbitrator cannot consolidate claims of more than one individual, nor can he preside over any type of class or representative proceeding (such as class actions, consolidated actions, or private attorney general claims) unless the parties have agreed to it.
Severability
If any clause in this provision (other than the Class Action Waiver Clause above) is found illegal or unenforceable it will be removed from the Provision and the rest of the Provision will have full force and effect. This entire provision will become unenforceable if the Class Action Waiver Clause is found to violate the law or be unenforceable. The dispute will then be resolved by a judge.