Walmart may change these Terms at any time and for any reason without notice to you. By continuing to use the Site after Walmart posts any change, you accept the Terms as modified. You agree that Walmart is under no obligation to provide you with notices regarding changes to these Terms. You understand that it is your responsibility to check the Terms regularly for changes.
THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THE SITE, YOU ARE ACCEPTING THIS AGREEMENT AND, WHILE YOU MAY STILL PURSUE CLAIMS AGAINST COMPANY, YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS. PLEASE READ THESE TERMS CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.
If you have any questions concerning these Terms or wish to exercise your rights as described below, please contact Walmart at 1-800-925-6278 (1-800-WALMART)
1. Use of the Site
Subject to these Terms, Company hereby grants you a personal, limited, terminable, revocable, non-exclusive, nontransferable, nonsublicenseable license to access and use the Site solely for use in accordance with these Terms. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the computer system, mobile device, hardware, software, and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder.
As part of the registration process, you may be asked to click that you agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide Walmart with certain information about yourself, including some types of personally identifiable information, such as your legal name, phone number, physical address, and email address. You represent that the personal information you provide to Walmart via the Site is true, valid, complete, and up-to-date in all respects. You will be responsible for the confidentiality of your password and login and for all statements made and acts or omissions that occur on your account, including without limitation, in the event that a third party has access to and uses your password and account login in any way. If you believe someone has used your password or account without your authorization, you must notify Walmart immediately. Your account may also be restricted or terminated for any reason, at Walmart’s sole discretion. Walmart may also change, restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time without notice.
Company and its affiliates have no liability to you for content on the Site that you find offensive, indecent, or objectionable.
Walmart may sell products for children’s use on the Site; however, these products are intended for selling to adults. Individuals may use the Site to create gift or wish lists for individuals, including children under the age of thirteen (13) by making product selections for the child; additional personally identifiable information about the child should not be provided to Company.
Without limiting any other provisions of these Terms, all software and other materials, including the Site, made available to you are the copyrighted work of Company or its licensors. Copying or distributing the Site or the Site Content (as defined below) is expressly prohibited.
2. General Restrictions on Use
You agree to use the Site only for purposes that are permitted by these Terms in compliance with all applicable laws, regulations, and generally accepted practices and guidelines in the relevant jurisdictions. You may only use the Site as authorized in these Terms and for no other purposes.
You will not (and will not attempt to): (a) violate or attempt to violate the security of the Site; (b) gain unauthorized access to Company’s computer systems or engage in any activity that interferes or attempts to interfere with the performance of, or impairs the proper functionality or security of the Site or Company’s networks and computer systems; (c) Walmartaccess the Site by any means other than through the interfaces that are provided by Company; (d) access the Site through any automated means or with any automated features or devices (including use of scripts or web crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools), except to the extent the Site is indexed by general purpose consumer-accessible search engines, such as Google or Bing; (d) access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; (e) reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site for any purpose; (f) upload, post, or otherwise transmit, through the Site, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing,” or any other form of solicitation, including the solicitation of users to become subscribers of other online information services competitive with Company; (g) stalk, harass, or otherwise disturb another person; (h) impersonate another person; or (i) infringe any intellectual property rights of any person or entity, including any trademark rights, rights of publicity, personality, or privacy of any person or entity.
3. Subscription; Billing; Services; Purchases; Acceptance
By signing up to receive your first Beauty Box, you agree to be automatically enrolled in the Beauty Box Program subscription service (the “Subscription Service”) and to be automatically charged on a recurring basis, to the payment card you provide, the then-in-effect cost to ship a Beauty Box to you in each quarterly season (each, a “Subscription Period”) until you cancel.. When you open your Subscription Service account, you will be billed for that Subscription Period and sent the Beauty Box for that current Subscription Period. Thereafter, you will be charged the cost to ship a Beauty Box to you for each subsequent Subscription Period, beginning on the next Subscription Period. You will continue to receive a Box approximately once each Subscription Period until you cancel (or we terminate) your Subscription Service pursuant to these Terms. We have the right to terminate your subscription after 3 consecutive seasons of failed payments.
As part of your Subscription Service, your credit or debit card will be billed for each Subscription Period. You may cancel your Subscription Service at any time. To avoid being billed for each Subscription Period you must cancel your Subscription at least two days prior to the billing date for each Subscription Period (the “Billing Date”). The Billing Date for any Subscription Period will be on or after the following dates, as applicable: February 24th, May 19th, August 18th, and November 17th. The Billing Date is subject to change at any time. You will receive an email, to the address that you provided, notifying you in advance of each Billing Date. You accept responsibility for all recurring charges prior to your cancellation of your Subscription Service.
To cancel your Subscription Service at any time, you must submit a cancellation request through your subscription account page on the Site. If your credit or debit card cannot be charged for any reason, you will not receive the box for that Subscription Period, as applicable.
You cannot select specific products for your box. Walmart may, in its sole discretion, change the number and/or types of items offered in any box and/or the price of any box. If you do not agree with any changes made to your box or are not satisfied with the products selected, your sole remedy is to cancel your Subscription Service.
You represent that all billing information you provide Walmart is truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and may result in cancellation of your order and Subscription Service. Prior to accepting an order, Walmart may also request additional information from you. Walmart reserves the right to refuse or cancel an order (including any box) for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by Walmart’s credit and fraud avoidance department. If your subscription is canceled after your credit card (or other payment account) has been charged, Walmart will not issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Walmart will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Walmart may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period of time. Your card issuer determines the length of time the pre-authorization is held. Walmart does this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
Walmart reserves the right to limit the quantity of subscriptions and items purchased per person, per household or per order for any reason. These restrictions may apply to subscriptions or orders placed by the same subscription account, the same credit or debit card, and also to orders that use the same billing and/or shipping address. Walmart will notify you should such limits be applied. Walmart also reserves the right, in its sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, “reselling” shall be defined as purchasing or intending to purchase any product(s) from Walmart for the purpose of engaging in a commercial sale of that same product(s) with a third party.
4. Billing and Payment Processor
Walmart uses a third-party payment processor to process credit card transactions made through the Site. If you purchase products from Walmart or make any payments via the Site with your credit card, the credit card information that you submit to Walmart will be protected by encryption, such as with the Secure Socket Layer ("SSL") protocol. Encryption decreases the likelihood that your credit card information will be stolen or intercepted during transmission to Walmart. You are responsible for all charges incurred under your account, whether made by you or another person using your account.
5. Shipping; Delivery; Risk of Loss
Any merchandise or products purchased from the Site (including any box which will be shipped to you as part of your subscription to the Site) will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon Walmart’s delivery of the merchandise or products to the carrier.
Delivery of items from the Site to addresses outside the United States is limited. Some items also have restricted delivery within the United States. Delivery times for all boxes Walmart ships to you as part of your subscription are determined at Walmart’s sole discretion based on Walmart’s chosen method of shipping and the destination of the box. Delivery times for all other products are determined based on the method of shipping chosen when items are purchased and the destination of the items.
We are unable to cancel, make modifications or change your shipping address after your checkout is completed. Please be sure to verify your selections and information before you complete your order.
6. Product and Pricing Information; Quantities
All prices displayed on the Site are quoted in U.S. dollars. Walmart will add shipping and handling fees and applicable sales/use tax in accordance with its then existing policies. Walmart tries to make sure the information available on the Site is complete and reliable. Certain information may contain product errors or typographical errors, which Walmart can correct without liability. For the avoidance of doubt, Walmart reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Site without incurring any obligation to you. Walmart does not guarantee that all products described on the Site will be available.
Pricing errors may occur on the Site. Walmart reserves the right without prior notice to cancel any orders, whether arising out of your subscription or otherwise, containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Walmart. Walmart 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 Site or from prices available in Walmart stores, Walmart.com, any other Walmart affiliated site or on Walmart mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users).
It is important to note the following: (a) Walmart’s physical stores do not honor Internet prices or competitor advertisements from outside of a physical store’s local trade territory; and (b) Walmart’s e-commerce site, Walmart.com, is not directly affiliated with this subscription program but, in any event, does not price match with any other online or offline retailer.
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, SITE CONTENT, USER CONTENT, MATERIALS, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS OR PRODUCTS INCLUDED ON THE SITE OR IN ANY BOX SHIPPED TO YOU PURSUANT TO YOUR SUBSCRIPTION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You acknowledge and agree that any and all representations, promises, warranties or statements by Company’s salesperson, representative or agent that differ in any way from the terms hereof shall be given no force or effect. If Company furnishes you with any advice or assistance concerning any services, products, subscriptions, systems or work which is not required pursuant to these Terms, the furnishing of such advice or assistance shall not subject Company to any liability whatsoever to you, whether in contract, in tort (including negligence), under warranty or otherwise.
THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF ANY ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
8. Information Provided on the Site
Brandshare, and our customers may post a variety of material on the Site including without limitation, merchandise information, product descriptions, reviews, comments, health and prescription information, and In Store Now information (collectively, “Materials”). The Materials that appear on the Site are for educational and informational purposes only. Despite Walmart’s efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the Site, you should confirm any facts that are important to your decision. Company and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Site. Company is not responsible for, and cannot guarantee the performance of, goods and services provided by Company’s advertisers or others to whose sites which Company provides a link. Product information contained on the Site may be different from information contained on the product materials due to manufacturer changes. 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).
No health, wellness, prescription or pharmaceutical information is intended to substitute for the diagnosis, treatment and advice of a medical professional and this information does not cover all possible uses, precautions, side effects and interactions and should not be construed to indicate that any drug is safe 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.
COMPANY AND THEIR AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON THE SITE.
9. Links To and Features Provided by Third Parties
Walmart has made significant efforts to accurately display the colors of products that appear on the Site. However, as the actual colors you see will depend on your monitor, Walmart cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish.
12. User Content
Walmart may allow users to submit and share comments, feedback, submissions, suggestions, questions, reviews and other content through the Site (“User Content”). User Content should be written in English.
By submitting User Content, you warrant that (1) you are the sole author and owner of the User Content; (2) you are at least eighteen (18) years of age, or, anyone under the age of eighteen (18) is at least thirteen (13) years old and their submission has been made under the supervision of a parent of legal guardian who submits that User Content and agrees to be bound by these Terms; and (3) use of any User Content you supply will not violate any term of these Terms and will not cause injury to any person or entity.
- License Grant for User Content
You automatically grant, or warrant that the owner of the User Content has expressly granted, Company, a royalty-free, perpetual, irrevocable, worldwide, unlimited and nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the User Content in any media or medium, or any form, format or forum now known or hereafter developed. Company may sublicense its rights through multiple tiers of sublicenses. You should not submit any User Content to us that you do not wish to license to us. Company is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay any compensation for any User Content; or (3) to respond to any User Content. You grant Company the right to use the name that you submit in connection with any Site Content. Further, you waive all moral rights in and to all User Content that you post or otherwise submit to Company in favor of Company and any other persons we authorize to such User Content.
- Prohibited Content
You represent and warrant that you will not submit the following:
- Content that is false, inaccurate, or misleading;
- Content that you did not create or that you do not have permission to submit;
- Content that contains your full name(s), or any other confidential or personally identifiable information of yourself or others;
- Content that violates any local, state, federal, or international laws;
- Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
- Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by Walmart in its sole discretion;
- Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Walmart;
- Chain letters or pyramid schemes;
- Content that impersonates another business, person or entity, including Walmart, its related entities, employees and agents;
- Content that contains viruses or other harmful computer code;
- Content that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- Content that you were compensated or granted any compensation by any third party unless otherwise authorized by Walmart in writing; or
- Content that violates any policy posted on the Site or interferes with the use of the Site by others.
Please be aware that whenever you post information to the Site that information may be accessible for other users. You should therefore choose carefully the information you post and that you provide to other users. You are solely responsible for the User Content that you post on the Site. Although Walmart cannot monitor all User Content, you understand that Walmart shall have the right, but not the obligation, to monitor the User Content of the Site to determine compliance with these Terms and any other operating rules that may be established by Walmart from time to time. Walmart shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any User Content submitted to, or posted on, the Site for any reason, including violation of these Terms, whether for legal or other reasons. Notwithstanding this right, you are solely responsible for any User Content you submit and you agree to indemnify Company and its affiliates for all claims resulting from any User Content you submit. FOR THE AVOIDANCE OF DOUBT, COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO USER CONTENT OR THE ACCURACY AND RELIABILITY THEREOF OR ANY MATERIAL OR INFORMATION THAT YOU TRANSMIT TO OTHER USERS.
As between you and Company, Company owns all copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, data formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials in or made available through the Site (collectively, the "Site Content"), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content are protected by U.S. and international trademark and copyright laws, and other applicable laws. You may access, view, download, and print the Site Content and all other materials displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Site Content; (2) do not modify or alter the Site Content in any way; and (3) do not provide or make available the Site Content to any third party in a commercial manner. No license, right, title or interest in any materials or software is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the Site Content. 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 Site Content, the Site or any related software. All software used on the Site is the property of Company or their respective suppliers and protected by U.S. and international copyright laws. The Site Content and software on the Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Site Content on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all Site Content on the Site is the exclusive property of Company and is also protected by U.S. and international copyright laws.
Walmart, Walmart.com and the Walmart 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 Site are trademarks or trade dress of Walmart in the U.S. and other countries. All other marks are the property of their respective companies.
Company has the right to: (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and (b) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation or suspected violation of these Terms. Without limiting the foregoing, Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing information on or through the Site. You waive and will hold harmless Company and its affiliates, licensees and services providers, from any claims resulting from any action taken by Company or any of the foregoing parties during, or as a result of, its investigations, and from any actions taken as a consequence of investigations by such parties or law enforcement authorities. t
16. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL COMPANY OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OF PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE; (B) THE SITE, SITE CONTENT, USER CONTENT, OR MATERIALS IN ANY WAY; OR (C) THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THE SITE OR YOUR USE OF ANY SITE CONTENT, USER CONTENT, MATERIALS OR ANY WEBSITES LINKED TO THE SITE. THE FOREGOING LIMITATION INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF COMPANY AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS SHALL NOT EXCEED TEN DOLLARS ($10).
IF YOU ARE DISSATISFIED WITH THE SITE, PRODUCT, SERVICES, OR WITH ANY OF THESE TERMS, OR FEEL WE HAVE BREACHED THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
17. Export Policy
You acknowledge that some goods licensed or sold on the Site 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. By making a purchase, or by downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no Company materials will be accessed from, downloaded in, released in, carried to transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization 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, or otherwise in violation of law.
18. Internet Security.
Company uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Company will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Company shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that Company does not guarantee that any information sent from our Site will be secure during transmission, nor can Company guarantee the confidentiality of any communication or material transmitted to Company via the Site or the Internet, including, for example, personal information such as your name or address.
You and Company agree that any disputes arising from or relating to these Terms or your use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, which cannot be resolved informally, shall be submitted to final and binding arbitration before one (1) arbitrator; provided, however, in the event that the dispute involves an allegation of liability in excess of $250,000 USD, three (3) arbitrators shall be used. Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”) pursuant to its Commercial Arbitration Rules. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow and enforce these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in New York City, New York, unless Company elects otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York. The arbitrator shall not be bound by rulings in prior arbitrations involving different Company users, but is bound by rulings in prior arbitrations involving the same Company user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
You acknowledge and agree that you and Company are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
In the event this Section 19 is held unenforceable, then the entirety of this Section 19 will be deemed void. Except as provided in the preceding sentence, this Section 19 will survive termination of the Terms and your use of the Site.
Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
20. Governing Law
Subject to the arbitration requirements set forth herein, these Terms shall be governed by and construed under Arkansas law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Terms or your use of the Site must be brought in the state or federal courts of Arkansas and you consent to the exclusive personal jurisdiction of such courts.
21. Procedure for Making a Claim of Copyright Infringement
Walmart respects the intellectual property of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please see Walmart’s DMCA Procedure for instructions on how to contact us to report possible copyright infringement.
The Site is controlled and operated from within the United States. Without limiting anything else, Company makes no representation that the Site, Site Content, User Content, Materials, services, products, information, or other materials available on, in, or through the Site is appropriate or available for use outside the United States, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside the United States do so on their own will and are responsible for compliance with applicable laws.
Updated: September 17, 2020
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