Terms of service
OVERVIEW
Welcome to Prime Choice! The terms “we”, “us” and “our” refer to Prime Choice. Prime Choice operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Prime Choice is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Prime Choice reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Prime Choice confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Prime Choice may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Prime Choice, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Prime Choice, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Prime Choice.
Prime Choice’s names, logos, product and service names, designs, and slogans are trademarks of Prime Choice or its affiliates or licensors. You must not use such trademarks without the prior written permission of Prime Choice. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on 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 and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Prime Choice is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Prime Choice. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Prime Choice, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Prime Choice.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may 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 Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate 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 is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Prime Choice, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) 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 the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Prime Choice, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Prime Choice, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR 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), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Prime Choice, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, 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 the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Prime Choice is headquartered. You and Prime Choice consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@primechoiceclub.com.
Our contact information is posted below:
[INSERT TRADING NAME]
hello@primechoiceclub.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] Terms & Conditions
Welcome! These Terms of Service, which incorporate by reference our Privacy Policy(collectively, the “Terms” or “Agreement”) are a legal contract between you (“you” or “your”) and Prime Choice Members Club (“Company,” “we,” “our,” or “us”) governing your access to and use of our websites, any applications where these Terms are posted, and when you make any purchase from us (collectively the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must immediately stop accessing and using the Service. These Terms contain important provisions, including provisions outlining the automatically renewing Prime Choice Members Club subscription and provisions that require arbitration of individual claims and limit your potential remedies.
1. Prime Choice Members Club SUBSCRIPTION TERMS
Prime Choice Members Club (Company) offers a subscription membership (the “Prime Choice Members Club”), which provides access to premium discounts, exclusive offers, a low price guarantee and initial free shipping, according to these Terms and as displayed to you at the time you enrolled. Company may update Prime Choice Members Club promotional terms, but will not increase fees without reasonable advance notice to provide an opportunity for you to cancel. Company may also offer additional deals from time to time, which will be confirmed during the checkout process.
Charges and Automatic Renewals. On the day after the processing period ends, your credit card or other payment method on file will be charged the Prime Choice Members Club fees of $29.97 USD (excluding taxes) without obtaining your further confirmation. Further, your Prime Choice Members Club membership will automatically renew each billing period of 30 days, and you will be charged $29.97 USD (exclusive of taxes) every 30 days, until you cancel.
Cancellation. If you do not want to continue the Prime Choice Members Club, or if you wish to cancel at any time, you may do so by filling out the Cancel Membership form on our Website, or by emailing us at support@primechoiceclub.com, or by calling us at +1 (800) 383-0595 at least 3 days before the next billing period with your full name and the email and physical address associated with your use of the Service. Failure to cancel, or continued use of the Prime Choice Members Club membership reaffirms that Company is authorized to charge you for, and you are responsible for paying, all Prime Choice Members Club fees.
Payment Methods. By providing a credit card or other payment method, including through the checkout process, express checkout, or using PayPal, Google Pay, or other, you are authorizing Company to use the payment method and authorize Company and any third-party payment processors and billing agents to charge your payment method for the total amount due. If the payment method cannot be verified or is not accepted, your purchases and Prime Choice Members Club membership may be cancelled. These Terms constitute authorization to the issuer of the payment without requiring a signed receipt from you. And Company will not be liable for insufficient funds or charges incurred by you resulting from collection of fees. If you provide a debit card number instead of a credit card number, you authorize all charges to be applied to such debit card. Company reserves the right to correct any errors or mistakes for payment at any time.
Refunds. ALL SALES ARE FINAL WITH NO REFUNDS. This includes physical products and the Prime Choice Members Club membership, unless otherwise indicated at checkout or as otherwise required by applicable law, or determined by us at our sole discretion. If you qualify for a return in our sole discretion, your inquiries and returns should be directed to us as outlined below.
2. DISPUTE RESOLUTION
Governing Law and Venue. Subject to and without waiving the arbitration provision below, this Agreement shall be exclusively governed by and construed in accordance with the laws of Nevada without regard to its conflict of law principles, and the proper venue for any judicial action arising out of or related to this Agreement shall be the state and federal courts located in Nevada (a “Court of Competent Jurisdiction”). You and Company stipulate to, and waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process. If you reside outside the U.S. and bring a Claim against Company outside the U.S., applicable laws may authorize you to bring a Claim against Company, which shall be brought in your individual capacity only and not in any class action, in the forum where you reside.
Arbitration Provision. If you and Company cannot resolve a Claim through informal negotiations, any Claim shall be finally and exclusively resolved by binding arbitration. “Claim(s)” means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated entities or persons, employees, agents, members, partners, officers, owners, managers, directors, independent contractors, manufacturers, licensors, beneficiaries, successors, and/or assigns, and each of their owners and/or agents (collectively, “Company Entities” who shall be third-party beneficiaries of this Agreement where referenced) arising out of or related to this Agreement or the Service. This arbitration provision is reciprocal, and any election to arbitrate by one party shall be final and binding on the other. This arbitration provision, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act.
The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its Streamlined Rules, as modified by this arbitration provision. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate, you and Company agree to arbitrate using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. Unless you and Company agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or telephone. If you initiate arbitration against Company, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining Case Management Fee and fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Company initiates arbitration against you, Company shall pay all costs associated with the arbitration. Regardless, you and Company will each pay your own attorney’s fees and costs unless an award of attorney’s fees is available under applicable statute.
The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may seek relief in a Court of Competent Jurisdiction to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator, or for injunctive relief in aid of arbitration. You agree that without this provision, you would have the right to sue in court with a jury trial.
Waiver of Class Actions. YOU AND COMPANY (INCLUDING ANY THIRD-PARTY BENEFICIARIES) MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY'S CLAIMS; AND THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.
3. DISCLAIMERS & LIMITATION OF LIABILITY
Application. This Section applies to the fullest extent permitted by applicable laws. Some jurisdictions may not allow the exclusion of certain warranties or the limitation of certain damages, so some of the below terms may not apply to you. Company Entities, and their owners and agents, are intended third-party beneficiaries of this Section. No advice or information obtained by you through the Service or otherwise shall alter the terms stated in this Section.
Disclaimer of Warranties. COMPANY, ON BEHALF OF ITSELF AND COMPANY ENTITIES, AND THEIR OWNERS AND AGENTS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE SERVICE IS PROVIDED “AS IS.” NEITHER COMPANY NOR ITS AFFILIATED ENTITIES OR AGENTS WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. IN NO EVENT SHALL COMPANY OR COMPANY ENTITIES, OR THEIR OWNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY (INCLUDING GOOD FAITH, REASONABLE CARE, NEGLIGENCE, OR OTHERWISE), REGARDLESS OF THE FORESEEABILITY OF THE LOSS OR DAMAGES OR NOTICE OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE LOSS OR DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY OR FORM OF ACTION. YOU AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. WITHOUT LIMITING OTHER PROVISIONS, IN NO EVENT WILL COMPANY OR ITS AFFILIATED ENTITIES OR AGENTS BE LIABLE TO YOU FOR ANY CLAIMS EXCEEDING $100 OR THE AMOUNT OF FEES YOU PAID IF GREATER.
4. ASSUMPTION OF RISK
You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns (who shall be third-party beneficiaries of this provision) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages, loss, or harm, whether to you or to third parties, that may result from your access to or use of the Service.
5. MODIFICATION & TERMINATION
Modification. Company may modify this Agreement, including the Privacy Policy, at any time upon posting a new version via the Service or by other notice to you. You should review this Agreement periodically. Your continued access to or use of the Service constitutes acceptance of modified provisions. This Agreement may otherwise only be modified by a writing signed by both parties.
Errors. The Service may contain errors, inaccuracies, and omissions, which Company may correct at any time but has no obligation to do so. Company may modify or discontinue the Service, including any products, descriptions, and prices, at any time. Company is not responsible for the accuracy or completeness of all content provided with the Service, and content is provided for general information only. Company makes efforts to display product photographs and information accurately, but we cannot guarantee that your display will be accurate.
Termination. Company may terminate this Agreement, the Service, your account, and your Prime Choice Members Club membership at any time for any reason without prior notice. If you wish to terminate this Agreement, you should cease using the Service; and if you wish to cancel your Prime Choice Members Club membership, you should follow the instructions outlined above. Sections 2, 3, 8, and 9 shall expressly survive any termination of this Agreement.
6. YOUR USE OF THE SERVICE
Your Qualifications. You must be at least 18 years old and legally qualified to use the Service and, if you are using the Service on behalf of a company, authorized to enter into this Agreement on behalf of that company. You warrant that all information you provide in connection with your use of the Service is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of any credentials and information used in connection with the Service, and you agree to notify Company immediately of any unauthorized use of the same. We reserve the right to suspend or terminate your use of the Service, including your account, and to suspend or cancel your Prime Choice Members Club membership for a violation of this Agreement or any applicable laws.
Limited License. Subject to your compliance with this Agreement and applicable laws, Company grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Service solely for your personal access and use in the manner intended by the Service. This license does not allow you to otherwise reproduce, copy, modify, reverse engineer, sell, or exploit any portion of the Service without our prior express written consent. Upon termination of this Agreement, your account, or as otherwise directed by Company, this limited license shall immediately cease, and you must stop accessing and using the Service.
Your Account. To use parts of the Service, such as to access your Prime Choice Members Club benefits, you must use an account. You represent and warrant that all account information you provide is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of your account information, and you agree to notify Company immediately of any unauthorized use of your account. We reserve the right to refuse, suspend, or terminate your account and right to use the Service, or take such other action as we deem necessary in our discretion at any time for any reason subject to applicable laws.
Communications with Company. By providing your email address or communicating with us, you expressly consent to receiving our marketing communications. Providing consent to promotional communications is not a condition of purchasing any goods or services. You can unsubscribe from marketing communications at any time by following the unsubscribe instructions in each communication or by contacting us as outlined below. If you unsubscribe from advertising content, we may still send you non-promotional communications, such as updates to these Terms.
Prohibited Conduct. You are prohibited from doing or attempting to do the following, either by yourself or assisting another, in connection with your access to or use of the Service:
a) Using the Service in any manner not intended (including any commercial re-sale use);
b) Using the Service in any manner that violates these Terms or any applicable law;
c) Providing false, misleading, or inaccurate information to Company or anyone else;
d) Impersonating or otherwise misrepresenting affiliation with any person or entity;
e) Using any engine, software, tool, agent, or other device or mechanism (including spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information;
f) Accessing content or data not intended for you or that you are not authorized to access;
g) Probing, scanning, or testing the vulnerability of the Service or any associated system or network, or breaching security or authentication measures without proper authorization;
h) Interfering with the Service (including through malware or exploiting vulnerabilities);
i) Forging, modifying, or falsifying any network packet or protocol header or metadata; and
j) Modifying, reverse engineering, or disassembling the source code used by Company.
Indemnification. You are responsible for your account and actions. As such, you shall defend, indemnify, and hold harmless Company and Company Entities from and against all claims, actions, demands, causes of action, and other proceedings, including attorney’s fees, arising out of or related to your account, your actions, or your violation of these Terms or applicable laws.
7. THIRD PARTY SERVICES
The Service may be linked with or refer to the services, websites, platforms, content, information, goods, services, or tools of third parties (collectively, “Third-Party Services”), some of which may have established relationships with Company and some of which do not. Company has not reviewed and does not control Third-Party Services. Company does not represent, warrant, or endorse any Third-Party Services, or the accuracy, completeness, usefulness, lawfulness, or quality of Third-Party Services. Third-Party Services should not necessarily be relied upon, and their third-party authors are solely responsible for their content. Company shall not be liable or responsible for any loss or damage resulting from your reliance on Third-Party Services.
8. INTELLECTUAL PROPERTY
Company, Company’s name and logo, Company’s website domain(s), and all content and other materials available through the Service (collectively, the “Company IP”), exclusive of your content and third-party content, are the trademarks, copyrights, intellectual property, and proprietary content of and owned by Company or its licensors and suppliers. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated as a result of your use of the Service will inure to the benefit of Company, and you agree to assign, and do assign, all such goodwill to Company. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of, the Company IP. All rights not expressly granted in this Agreement are reserved by Company.
9. MISCELLANEOUS
This Agreement is the entire agreement between Company and you concerning the Service. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be declared invalid, void, or unenforceable by the arbitrator or Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and this Agreement is severable. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Company. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement. The headings in this Agreement are for convenience only. These Terms apply to the fullest extent permitted by applicable laws. You may have other rights and remedies not outlined above. These Terms and any offers are void where prohibited. Neither party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond that party’s reasonable control, including “acts of God,” labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, pandemics, epidemics, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
10. CONTACT US
Customer support inquiries and returns should be directed through the Contact Us form.