Introduction
The PrimalRS website located at http://primalrs.com is a copyrighted work belonging to PrimalRS. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
Primal Services LLC is a venue
Primal Services LLC acts as a venue to allow users who comply with Primal's policies to offer, sell and buy certain goods. Primal is not directly involved in the transaction between buyers and sellers. As a result, Primal has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Primal does not pre-screen users (except for services that require an application) or the content or information provided by users. Primal cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Primal does not transfer legal ownership of items from the seller to the buyer. Primal cannot guarantee the true identity, age, and nationality of a user. Primal encourages you to communicate directly with potential transaction partners through the tools available on the site.
You agree that Primal is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Primal. You use the Primal service at your own risk.
Eligibility
Age
Primal services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Primal may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is hereby denied in such jurisdictions.
Individuals under the age of 18 must at all times use Primal's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Primal's policies as stated in the Agreement as well as all other operating rules, policies (including our Privacy Policy) and procedures that may be published from time to time on the Site by Primal, each of which is incorporated herein by reference and each of which may be updated by Primal from time to time without notice to you.
In addition, some services offered by Primal may be subject to additional terms and conditions promulgated by Primal from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
By using Primal's services you represent and warrant that you are acting in full compliance with the terms and conditions of the relevant third-party company for any product you purchase or sell on the venue.
Password
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Primal of any unauthorized use of your password or any breach of security. You also agree that Primal cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Primal without Primal's express written permission.
Account Information
You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Primal you must provide and maintain valid payment information such as valid credit card information. By using the site or other channels affiliated with Primal Services LLC you warrant that: (a) all required registration information you submit is truthful, up-to-date and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section.
Account Transfer
You may not transfer or sell your Primal account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service
Primal's services are not available to temporarily or indefinitely suspended Primal members. Primal reserves the right, in Primal's sole discretion, to cancel unconfirmed or inactive accounts. Primal reserves the right to refuse service to anyone, for any reason, at any time.
Fees
Joining Primal is free. Primal charges fees for items sold via the Services. When you list an item, you have an opportunity to review and accept the fees that you will be charged.
You are responsible for paying all fees and applicable taxes associated with using any platform operated by Primal Services LLC.
If Primal Services LLC terminates a listing or your account, if you close your account, or if the payment of your fees cannot be completed for any reason, you remain obligated to pay Primal Services LLC for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).
Listing, Selling, and Buying
Listing Description
All listings on Primal must be for sale. By listing an item, you warrant that you and all aspects of the item comply with Primal's policies. You also warrant that you may legally sell the item. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
Binding Sale
Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Primal transaction fees, misrepresent the item's location, or use another user's account without permission.
Payment Processing
Primal, in its sole discretion, may inspect and verify (i) details related to the listing sold, (ii) the buyer of the listing and (iii) the seller of the listing. As a part of the verification process, Primal Services LLC may require the seller or buyer to provide additional identification information, including, without limitation, a copy of a valid driver's license (or other form of government issued identification) prior to or during the transaction. Users may also be asked to go through additional security procedures and share additional information to confirm their identity. Primal reserves the right to reject any item(s) that we believe (in our sole discretion) may: (i) be fraudulent, invalid, inauthentic or stolen, (ii) have come from an unauthorized or illegal source, (iii) be related to any illegal activity or (iv) otherwise pose a financial risk to us or our users.
You acknowledge that payment processing services are provided by Payment Processors, including Stripe and PayPal and are subject to the their EULAs. By using any platforms operated by Primal Services LLC, you agree to be bound by the terms in this section and the Payment Services Agreement, as the same may be modified by us or by the Payment Processors from time to time. Capitalized terms in this section otherwise undefined in this Agreement shall have the meaning ascribed to such terms as in the Payment Services Agreements. As a condition of selling, you agree to provide Primal Services LLC accurate and complete information about you and your business, and you authorize Primal to share, in accordance with the Payment Services Agreement, such information and applicable transaction information related to your use of the payment processing services provided by the Payment Processors.
Prohibited, Questionable and Infringing Items and Activities
User Responsibility
You are solely responsible for your conduct and activities on and regarding to Primal and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Primal.
Restricted Activities
Your Content and your use of Primal shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Violate the terms and conditions or any contractual agreement you have made with any third-party companies.
- Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC") or other government agencies
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Primal staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Interfere with a seller's business or shop this includes the trading of giftcards.
- Take any action that may undermine online reviews or feedback
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack Primal Services LLC's property or modify another web site so as to falsely imply that it is associated with Primal Services LLC
- Appear to create liability for Primal Services LLC or cause Primal Services LLC to lose (in whole or in part) the services of Primal Services LLC's ISPs or other suppliers
- Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Primal Services LLC's platforms.
- Furthermore, you may not list any item on Primal (or consummate any transaction that was initiated using Primal Services LLC's service that could cause Primal Services LLC to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
Copyright Policy
As stated above, your Content and your use of Primal Services LLC shall not infringe upon any third-party's intellectual property rights. Primal respects the intellectual property of others and asks that users of our Services do the same. We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our Services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
The contact information for the Copyright Agent for Primal Services LLC is as follows:
Email: info@primalrs.com
Resources
Primal is not responsible for the availability of outside web sites or resources linked to or referenced on the Service. Primal does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources. You agree that Primal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or resources.
Content
License
You grant Primal Services LLC a license solely to enable Primal Services LLC to use any information or Content you supply Primal with, so that Primal is not violating any rights you might have in that Content. You grant Primal a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Primal to store, translate, or re-format your Content on Primal and display your Content on Primal in any way Primal chooses. Primal will only use personal information in accordance with Primal's Privacy Policy.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another Primal user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Primal-related communications. Primal has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Primal user to your email or physical mail list. For more information, see Primal's Privacy Policy.
Re-Posting Content
By posting Content on Primal, it is possible for an outside web site or a third party to re-post that Content. You agree to hold Primal harmless for any dispute concerning this use. If you choose to display your own Primal-hosted image on another web site, the image must provide a link back to its listing page on Primal.
Idea Submissions
Primal considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Service, mobile applications, or otherwise (other than the Content and the tangible items sold via the Service by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Primal shall not be liable for the disclosure or use of such Material. If, at Primal's request, any member sends Material to improve the Service (for example through the Forums or to customer support), Primal will also consider that Material to be non-confidential and non-proprietary and Primal will not be liable for use or disclosure of the Material. Any communication by you to Primal is subject to this Agreement. You hereby grant and agree to grant Primal, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Resolution of Disputes and Release
Disputes with Primal
Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Disputes with users or third parties
In the event a dispute arises between you and another user or a third party, Primal encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on Primal, please contact Primal, and we can provide our dispute resolution process for the benefit of users. Primal does so in Primal's sole discretion, and Primal has no obligation to resolve disputes between users or between users and outside parties. To the extent that Primal attempts to resolve a dispute, Primal will do so in good faith based solely on Primal's policies. Primal will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release Primal (and Primal's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
Breach
Without limiting any other remedies, Primal may, without notice, and without refunding any fees, delay or immediately remove Content, warn Primal's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Services, and take technical and legal steps to keep a user off the Services and refuse to provide services to a user if any of the following apply:
Primal suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents and community guidelines incorporated herein; Primal is unable to verify or authenticate any of your personal information or Content; or Primal believes that a user is acting inconsistently with the letter or spirit of Primal's policies, has engaged in improper or fraudulent activity in connection with Primal or the actions may cause legal liability or financial loss to Primal's users or to Primal.
Primal reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Primal.
No Warranty
Primal Services LLC, it's subsidiaries, officers, directors, employees and suppliers provide Primal Services LLC's services "AS IS" and without any warranty or condition, express, implied or statutory. Primal Services LLC, it's subsidiaries, officers, directors, employees and suppliers specifically disclaim any implied warranty of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written obtained by you from Primal Services LLC shall create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that may vary from state to state.
Liability Limit
In no event shall Primal Services LLC, it's subsidiaries, officers, directors, employees and suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
Primal Services LLC's liability, and (as applicable) the Liability of it's subsidiaries, officers, directors, employees and suppliers, to you or any third parties in any circumstance is limited to the greater of (A) the amount of fees you pay to primal in the 12 months prior to the action giving rise to the liability, and (B) $100. Some states do not allow the exclusion or limitation of the incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity
You agree to indemnify and hold Primal Services LLC, it's subsidiaries, officers, affiliates, directors, employees and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or the document it incorporates by reference, or your violation of any law or the rights of a third party
Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on Primal Services LLC's net income).
No Guarantee
Primal does not guarantee continuous, uninterrupted access to the Service, and operation of the Service may be interfered with by numerous factors outside Primal's control.
Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
Usage Restrictions
No Agency
You and Primal are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
No Exchange
Primal is not in any way shape or form a digital currency exchange service. Attempting to use our website in such ways is strictly forbidden and will result in a permanent ban from the website.
No Escrow
Primal is not in any way shape or form an escrow service. Attempting to use our website in such ways is strictly forbidden and will result in a permanent ban from the website. By using our website you agree that the items you are buying or selling are for you and not a third party.
Services
Primal Services LLC reserves the right to modify or terminate the services provided for any reason, without notice, at any time.
Changes to Agreement
Primal reserves the right to modify the terms and agreements at any time. It is your responsibility to check for any changes listed in the Terms of Service. Your decision to continue use of primalrs.com and all it's associated channels constitutes formal acceptance of the new Terms of Service. Should you not agree to any provision to the Terms of Service, we hereby ask and advise you to immediately terminate use of any service provided by Primal.
Acceptance of Terms
Use of any services provided by primalrs.com on this website or outside constitutes your acceptance of the Terms of Service agreement.
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 laws the United States.
