Last Updated: March 5th 2015
Primal Decor is a small business in Eureka California. We have an online store that offers jewelry we carry in house.
Primal Décor is occasionally known to speak in the rare dialect known as “legalese,” such as on this page. Please bear with Us as We do so.
You agree to comply with and be bound by the following Terms:
While using the Site You will not:
Be false, misleading, inaccurate or include inaccurate, misleading or false information.
Act in a fraudulent way or become involved in the sale of stolen or counterfeit items.
Violate any local, state, federal or other applicable laws or the rights of third party parties.
Access or use the Site if You are not able to enter into legally binding agreements, are under the age of 18, or are temporarily or indefinitely suspended from the Site.
Fail to deliver payment for items purchased by You.
Be libelous or defamatory with any information posted on the Site.
Copy, modify, or distribute content from the Site.
Collect information about users, including email addresses, without their consent.
The Site and Primal Decors Content are protected by laws of the United States, and belongs solely to Primal Decor. You may not use, change or amend in any way the Site or Primal Decors content.
Primal Decor works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact Us at firstname.lastname@example.org
PRIMAL DECOR ON BEHALF OF ITS OWNERS, EMPLOYEES AND AGENTS, MAKES NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES, THE PRIMAL DECOR CONTENT, THIRD PARTY CONTENT OR ANY OTHER CONTENT. PRIMAL DÉCOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, THE PRIMAL DECOR CONTENT, THIRD PARTY CONTENT AND ANY OTHER CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE. PRIMAL DECOR DOES NOT WARRANT: THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED; OR -THE ACCURACY OR COMPLETENESS OF THE PRIMAL DECOR CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT; OR THAT ANY ERRORS IN THE PRIMAL DECOR CONTENT, THIRD PARTY DATE OR OTHER CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES, AND THE PRIMAL DECOR CONTENT AND OTHER CONTENT ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. 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 VARY FROM STATE TO STATE.
IF YOU HAVE A DISPUTE, YOU RELEASE US (OUR OWNERS, EMPLOYEES AND AGENTS,) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
YOU AGREE TO INDEMNIFY AND HOLD PRIMAL acronymacronymOUR OWNERS, EMPLOYEES AND AGENTS”>DECOR, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY OR MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF GOODS OR SERVICES OFFERED FOR SALE OR ACTUALLY PURCHASED OR THE THIRD PARTY CONTENT OR OTHER CONTENT YOU SUBMIT, POST OR MAKE AVAILABLE THROUGH OR ON A STOREFRONT AND (B) YOUR USE, MISUSE, OR INABILITY TO USE THE SITE, THE SERVICES, OR THE PRIMAL DECOR CONTENT OR ANY VIOLATION BY YOU OF THIS AGREEMENT.
YOU HEREBY FURTHER RELEASE PRIMAL DECOR (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) FOR ALL ACTIONS OR INACTIONS OF OTHER USERS, INCLUDING GOODS AND SERVICES ADVERTISED OR SOLD. YOU AGREE THE SITE IS DESIGNED TO SELL BODY JEWELRY , ART AND SERVICES .
If a dispute arises between You and Primal Decor, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact Us directly and work with Us to resolve a dispute. If a dispute cannot be resolved by You and We, You will have the option to pursue a claim (a “Claim”) against Primal Decor in accordance with one of the options provided below or as We and You otherwise agree in writing.
This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions.
Option One – For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, the party requesting relief may elect to handle the Claim in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties in the greater San Francisco, California area. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) the arbitrator’s decision shall be final and not appealable to any court or any other tribunal or arbitrator(s), and shall be entered and enforceable as a judgment in a court of competent jurisdiction in San Francisco, California.
Option Two – For any other Claim other than a Claim which qualifies and is opted for by a party under option one above, such Claim may be submitted by either You or Us for arbitration to the San Francisco, California office of the American Arbitration Association. Such arbitration proceedings will be conducted in San Francisco, California and will be heard by one arbitrator in accordance with the then current commercial arbitrations rules of the American Arbitration Association. Such arbitrator will be a lawyer of recognized standing and expertise in the area of commercial transactions.
Primal Decor retains the right to limit, suspend, or terminate Services for any user, prohibit access to the Site and take other actions deemed appropriate by Primal Decor to keep users off the Site if We conclude a user is in violation of the Terms or other agreement with Primal Decor.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services and the Site and Your listing, sale, acquisition, advertising of offers to sell and purchase goods and services.
These Terms are effective March 5 2015, for current users, and upon use of the Site by a new user. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, You are subject to any unique posted policies or rules applicable to specific Services You use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. This Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between Us with respect to the subject matter hereof.
Any responsibilities or obligations of a User which accrue or arise during the term of this Agreement shall survive the termination of this Agreement until fully satisfied by You.