These Terms of Service (collectively, these “Terms of Service”) are agreed to as of this day by you (the “User,” “you” or “your”) and Primitive Survivors (“PS,” “us,” “our,” or “we”). These Terms of Service set forth the terms and conditions that apply to your access to and use of www.primitivesurvivors.com and our related technology systems (collectively, the “Website”). These Terms of Service also set forth the terms and conditions that apply to the use of the Website and any User’s subscription to PS’s newsletter or purchase of any online service or product offered by PS (collectively, “Online Services”).
Compliance with These Terms of Service
Using our Website and Online Services
You shall not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, create derivative works of or make commercial use of the content on our Website (“Content”). You shall also not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with our Website in any manner. You shall also not reproduce, modify, distribute, sell, or otherwise transfer any rights in and/or to any Content. You shall not metatag, provide links to, frame, or mirror our Website without the prior express written permission of PS.
You acknowledge that you are solely responsible for providing and maintaining all equipment, hardware, software and means of communication, and charges for all related services, for your access to and use of the Website and our Online Services.
Intellectual Property Rights
The name “PS”, www.primitivesurvivors.com, and other trade names, URLs, and Website domain names owned and/or operated by PS, and PS’s graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of PS (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of PS, which permission may be withheld in PS’s sole discretion. PS makes no proprietary claim to any third party names, trademarks, or service marks appearing on our Website. Any third party names, trademarks, and service marks are property of their respective owners.
The Content, downloads, and other data and information viewable on, contained in, or downloadable from our Website and the Proprietary Marks, and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or provided in connection with our Website and Online Services (collectively, the “Intellectual Property”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted or trademarked by, or otherwise licensed to, PS or its Content suppliers. All software used for our Website (the “Software”) is the property of PS or its software vendors and is protected by U.S. and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Intellectual Property does not entitle you to any ownership or intellectual property rights in and/or to the Intellectual Property or the Software.
You shall be solely responsible for any damage resulting from your infringement of PS’s or any third party’s intellectual property rights regarding the Proprietary Marks, the Intellectual Property the Software, and/or any other harm incurred by PS or any third party as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of these Terms of Service or applicable law.
Notwithstanding anything to the contrary herein, links from the Website are provided as a convenience to the visitors thereof. No third party website that is linked to the Website or the content thereof has been developed by PS and PS has not reviewed, and is not responsible for, the content of any such third party websites. PS makes no guarantees, representations, or warranties as to, and shall have no liability for, any content contained in or derived from any third party website.
By using our Website or using an Online Service, you consent to receive communications from PS electronically. Although PS may choose to communicate with you by other means, PS may also choose to solely communicate with you electronically by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that PS sends to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties
ALL CONTENT CONTAINED ON PS’S WEBSITE OR NEWSLETTER, OR ANY OTHER PRODUCTS OR MATERIALS PROVIDED BY OR THROUGH PS OR WHICH IS OTHERWISE DERIVED OR ACQUIRED BY ANY PERSON THEREFROM IS “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. PS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PS HEREBY SPECIFICALLY DISCLAIMES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL OTHER IMPLIED WARRANTIES. Notwithstanding any other agreement or other communications to the contrary, receipt or use of any content contained on the Website or Online Services, or that is derived or acquired by User therefrom at any time and through any means, whether directly or indirectly, represents such User’s acknowledgement of this Disclaimer of warranties and his or her agreement with the terms and conditions contained herein.
PS’s Return Policy applies to your purchase of any materials or products from the PS through the Website (collectively, the “Product”). If you ordered an incorrect Product or need to return a Product for other reasons, you may return the Product to the Company for a refund within thirty (30) days of delivery of the Product to you, subject to the following terms and conditions:
You must first contact PS by e-mail at firstname.lastname@example.org or by telephone at (866) 804-5530 to request a Returned Material Authorization (RMA) number. Write the RMA number on the shipping label of each box to be returned. Please be advised that any Product returned without an RMA number or returned beyond 30 days of delivery of the Product to you, will not be accepted and will be returned to you at your expense.
PRODUCTS MUST BE UN-OPENED IN THEIR ORIGINAL PACKAGING TO BE ACCEPTED FOR ANY RETURN. IF PS ELECTS TO ACCEPT THE RETURN OF ANY PRODUCT (WHICH IT MAY DECLINE IN ITS SOLE DISCRETION), SUCH PRODUCTS ARE SUBJECT TO A 20% RESTOCKING FEE. IF PRODUCT HAS BEEN OPENED, PS HAS FULL RIGHTS TO REFUSE THE REFUND. IF PS CHOOSES TO ACCEPT THE RETURN OF AN OPENED PRODUCT, WHICH IT CAN REJECT AT ANY TIME, OPENED PRODUCTS WILL BE SUBJECTED TO A 25% RESTOCKNG FEE.
PS does not reimburse shipping costs to return an item.
Return packages with insufficient postage will not be accepted.
Products must be returned and received by PS in original condition. We will not accept Products damaged in return transit, so please be sure to package the Product well and consider insuring the package.
No returns/refunds/exchanges on discontinued items and clearance items.
If Products are originally purchased with a Gift Certificate Voucher, a Gift Certificate Voucher will be given as payment for return.
PS’s refund policy only applies to Products, and does not apply to any memberships, registrations or subscriptions to Online Services.
Users may cancel their subscription for Online Services at any time upon the delivery of written notice to the following: (a) by e-mail to support@PRIMITIVESURVIVORS.com, or (b) by U.S. mail or other delivery to PS, Attn: President, 1863 Pioneer pkwy E ste 222 springfield, or 97477.
From time to time, PS may endorse, promote or suggest services and/or products. PS’s recommendations will be based solely on PS’s determination that the service/product is of value to Users based on a review thereof by PS, and/or PS’s relationship with the provider/producer of such service/product and/or PS’s prior usage of such service/product. PS may be compensated for its recommendations. PS may receive sample services/products for the purpose of conducting a review thereof. PS’s policy is to conduct to the best of its ability an unbiased review of such services/products. If a service/product does not meet PS’s standards or expectations, or is deemed unsafe or is likely to be unsafe, such findings will be noted in the corresponding review of such service/product. Notwithstanding the foregoing, no review shall be deemed to be a guarantee, representation or warranty as to the suitability of any service/product for any particular purpose, and no review should be relied upon by any person in making a determination to purchase, acquire or utilize any such service/product. The determination to utilize any service/product for which PS provides a review shall be solely the responsibility of the person utilizing such service/product and PS shall not be liable in any way as a result of any such person’s use of any such service/product.
Limitation on Liability of PS
Any liability of PS, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by PS from any User in connection with such use of, registration for and subscription to any Online Services. PS will not be liable for any losses, damages, claims, costs, expenses or other liabilities resulting directly or indirectly from the use of or reliance upon any content contained in the Website or Online Services. Without limitation, PS shall not be responsible or liable for any loss or damages, either directly or indirectly, related to (1) any loss of any kind; (2) an inability to access or utilize, or any delay in accessing or utilizing, the Website or any links contained therein to or from any other websites or content; (3) any information or content not contained on the Website, or the failure of PS to provide, or any delay in providing, any particular content, or any error in the transmission of any content; or (4) the use of any content contained on the Website in any way that may be deemed unsuitable for its intended purpose or that is against industry standards.
We do not warranty Products against normal wear and tear (such as scuffs and abrasions, outsole wear, etc.), unauthorized modifications or alterations, improper use, improper maintenance, accident, misuse, negligence, damage, or if the Product is used for a purpose for which it was not designed. This Warranty gives you specific rights, and you may also have other rights which vary from state to state. Except for expressly stated in this Warranty, we shall not be liable for direct, indirect, incidental, or other types of damages arising out of, or resulting from the use of Products. This Warranty is in lieu of all other warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose (some states do not allow the exclusion or limitation of incidental or consequential damages or allow limitations on the duration of an implied warranty, so the above exclusions may not apply to you).
We reserve the right to amend these Terms of Service at our sole discretion and at any time. You should review these Terms of Service periodically to check for amendments. We will post notice of modifications and additions to these terms on this page. Changes will not apply retroactively and will become effective immediately after they are posted. However, changes addressing new functions for an Online Service or changes made for legal reasons will be effective immediately.
(Last Revised february 2016)