Terms of Use

By accessing this Web site, you agree to the following Terms of Use. If you do not agree to these Terms of Use, do not access this Web site. Primal Essence, Inc. (Primal Essence) reserves the right to change these Terms of Use, and your continued use of this Web site constitutes agreement to all such changes. Primal Essence means Primal Essence and its affiliates.

Uses of this Web Site

This Web site is intended for commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or Services obtained from this Web site, except for the purposes expressly provided herein, without Primal Essence’s prior written approval. Unauthorized use of this Web site and or any Primal Essence systems, including, but not limited to, unauthorized entry into Primal Essence’s systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Web site in any manner that could damage, disable, overburden, or impair any Primal Essence site or service or interfere with any other party’s use and enjoyment of any Primal Essence site or service. You may not attempt to gain unauthorized access to any Primal Essence site or service, computer systems or networks connected to any Primal Essence site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Web site that are contrary to applicable laws or regulations.

Primal Essence reserves the right, in its sole discretion, without obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Web site and to suspend and/or deny access to this Web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Primal Essence does not undertake any obligation or responsibility to update or amend any such information. Primal Essence may discontinue or change any product or service described in or offered on this Web site at any time.

Disclaimer of Warranty and Limitation of Liability
The information, and Services on this Web site are provided on an “AS IS,” and “AS AVAILABLE” basis.  The products on this Web site are provided on an “AS AVAILABLE” basis.  Primal Essence does not warrant the information or Services provided herein or your use of this Web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Primal Essence will not be responsible for any loss or damage that could result from interception by third parties of any information or Services made available to you via this Web site. Although the information provided to you on this Web site is obtained or compiled from sources we believe to be reliable, Primal Essence cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Primal Essence, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Web site, or resulting from the act or omission of any other party involved in making this Web site, the data contained herein or the products or Services offered on this Web site available to you, or from any other cause relating to your access to, inability to access, or use of the Web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Primal Essence or of any vendor providing software or Services. In no event will Primal Essence or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if Primal Essence or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Primal Essence cannot and does not guarantee continuous, uninterrupted or secure access to the Web site.

Proprietary Rights
All right, title and interest in this Web site and any content contained herein is the exclusive property of Primal Essence, except as otherwise stated. Unless otherwise specified, this Web site is for commercial use only and you may print, copy and download any information or portion of this Web site for your commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for personal, commercial or public purposes in whole or in part any information, software, products or Services obtained from this Web site, except for the purposes expressly provided herein, without Primal Essence’s prior written approval. If you copy or download any information or software from this Web site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

PRIMAL ESSENCE , PRIMAL ESSENCE’s Logo, PRIMAL ESSENCE, Inc., We’ve Probably Met Before and the other trademarks, logos, and service marks displayed on this Web site (collectively “Trademarks”) are the trademarks of PRIMAL ESSENCE. Under no circumstances may you alter, modify, or change these Trademarks. You are prohibited from using the Trademarks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of Primal Essence or such third party, which may own the Trademarks.

Links
This Web site may contains links to third party Web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Primal Essence of any information contained in any third party Web site. In no event shall Primal Essence be responsible for the information contained on that site or your use of or inability to use such site. You should also be aware that the terms and conditions of such site and the site’s privacy policy may be different from those applicable to your use of this Website.

Web Beacons and Cookies
Primal Essence may use certain technology known as “Web beacons” on its Web sites and in some of its e-mails to collect information from visitors and compile aggregate statistical information about how visitors use our Web sites and e-mails, including information relating to the frequency of visits, the average length of visits, which pages are viewed during a visit, and the effectiveness of advertising on our Web sites and e-mails. Primal Essence  uses this information to improve the Web site content and performance. No personally-identifiable information is shared with any third party.

Primal Essence may use a permanent cookie file to uniquely identify your computer as you visit the Web site from time to time. No personally-identifiable information is collected or shared with any third party using this cookie. If you ask us to “remember” your user ID, we will also create a permanent cookie for this purpose. In addition, Primal Essence will often use a temporary cookie file to recognize your computer as you move from page to page on the Web site. The cookie is not necessarily deactivated when you conclude your session. Because this cookie is stored only in your computer’s temporary memory, it is deleted when you close your browser software. Most Web browser software allows you to modify your preferences to be notified when a cookie is set, or to reject all cookies. If you choose to reject our cookies, some areas of our Web site may not function properly.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in Ventura County, State of California and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of this Web site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. Except for the Account agreement Privacy Policy respecting any Account you may have with Primal Essence, these Terms of Use constitutes the entire agreement between Primal Essence and you with respect to this site and it supersedes all prior or contemporaneous communications, agreements and understandings between Primal Essence and you with respect to the subject matter hereof.

These Terms of Use were last updated March 2023. Please check back for updates and changes.

Secure Online Website Terms of Use

Thank you for choosing to use the secure online  Primal Essence Web site (“PRIMAL ESSENCE”, If you would like to use the secure online Web site or any Services offered from time to time on or through the Site (collectively known as “Service”), please accept this Terms of Use agreement (“Terms of Use”).

By using this Service, you signify your agreement to all the terms, conditions, and notices contained or referenced in this Terms of Use. As a result, we encourage you to read these Terms of Use carefully before using our Service. If you do not agree to these Terms of Use, please do not use secure online account numbers.

THE SERVICE
Our goal is to simplify and organize your online experience. The following is a brief description of the various features of the Service. Please note that Primal Essence may add to, modify, or delete any feature of the Service from time to time in its sole discretion.

The Account Creation. Secure online account creation and setup will help you fill out forms on the Internet quickly, safely and easily. The secure online form allows you to store important information necessary to shop online (for example, your name, billing address, and credit card number) with third party Services on the Internet. You are responsible for making sure that the personal information you submit to use our form is complete and accurate, as we will not verify your information. You will also, as necessary, update such personal information so it is accurate.

Registration

You must register with Primal Essence to receive samples. When you register with Primal Essence, you must provide accurate and complete information, and update such information when necessary so it remains accurate and complete. If you give false information, Primal Essence has the right to terminate your account. When you register and are accepted as a registered user of the Service, you choose a unique username and password. We may require you to change your username or password if we think it is necessary for security or other reasons. You are fully responsible for all transactions and other activities that occur or are undertaken under your username or password. You are also responsible for keeping your username and password confidential. You agree to immediately notify Primal Essence of any actual or suspected unauthorized use of your username.

International Use

Primal Essence makes no representation that any content or use of secure registration is appropriate or available for use in locations outside of the United States and accessing secure online account numbers or Service from territories where their contents or use is illegal is prohibited by Primal Essence  Those who choose to access this Site from locations outside the United States do so at their own risk and are responsible for compliance with local laws.

Privacy.

We are committed to protecting your privacy. All information gathered from you in connection with using our Service will be governed by the provisions of the Primal Essence’s Privacy Policy, which can be found on our web site.

PROPRIETARY RIGHTS
A. Materials. All content included or available on the Site, such as advertisements, text, graphics, logos, button icons, images, audio clips, and software, is the property of Primal Essence and/or third parties and is protected by copyrights, trademarks, or other intellectual and proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Primal Essence and/or its licensors and is protected by copyrights or other intellectual property rights.

B. Limited License Grant. Subject to the terms and conditions of these Terms of Use, Primal Essence grants a limited license to you to make use of the Site and Services only for their intended purposes. This license expressly excludes any resale of the Site and the Service or any part thereof, making any derivative of the Site or the Service or any part thereof, the collection and use of other users’ e-mail addresses or other materials (for example, advertisements), or any data extraction or data mining whatsoever, except with the express consent of the owner of such materials.

C. Trademarks. The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are unregistered trademarks of Primal Essence. Under no circumstances may you alter, modify, or change these Trademarks. Nothing contained on the Site should be construed as granting by implication or otherwise any license or right to use any Trademark without the express written permission of Primal Essence.

TERMINATION
You may choose to terminate these Terms of Use and stop the Service, for any reason and at any time by contacting our Customer Service department. Primal Essence, in its sole discretion, may also choose to terminate these Terms of Use or access to the Site and Services immediately without notice for any reason, including, but not limited to, your infringement of the intellectual property rights of others. All provisions of these Terms of Use, that by their nature should survive termination, shall survive termination, including, without limitation, provisions related to intellectual property, warranty disclaimers, limitations of liability, indemnification, and the miscellaneous provisions.

CHANGE IN TERMS OF USE
Primal Essence reserves the right to modify these Terms of Use at any time. Any modifications shall be effective when they are posted on the Site. It is your responsibility to review these Terms of Use from time to time in order to be aware of any such changes.

LIMITED LIABILITY
We hope you will find the Service to be useful and reliable. However, Primal Essence  and its service providers do not guarantee that any content provided through the Service is accurate, up-to-date, or complete, or is free from harmful components. You acknowledge that you will rely on any content, including, without limitation, opinions, statements, recommendations, and information, provided through the Service at your own risk.

PRIMAL ESSENCE and its service providers make no representations or warranties that you will have continuous or uninterrupted access to the Service or any of its content or functions, or that any of the functions of the Service will be error-free. YOU ACKNOWLEDGE THAT THERE ARE INHERENT RISKS TO PROVIDING PERSONAL INFORMATION AND ACCOUNT NUMBERS, INCLUDING SECURE ACCOUNT NUMBERS, OVER THE INTERNET. YOU AGREE TO DETERMINE WHETHER THE SERVICES ARE SUFFICIENTLY SECURE TO MEET YOUR NEEDS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE SERVICE IS PROVIDED TO YOU “AS IS,” AND WE AND OUR SERVICE PROVIDERS MAKE NO REPRESENTATION OR WARRANTIES RELATING TO THE SITE, THE SERVICE (INCLUDING, WITHOUT LIMITATION, ITS PERFORMANCE, AVAILABILITY, CONTENTS OR FUNCTIONS) OR ANY PRODUCTS, SERVICES, ADVERTISEMENTS, OR WEB SITES, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary from state to state.

YOU UNDERSTAND THAT IN NO EVENT WILL PRIMAL ESSENCE, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICE), INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, THE SERVICE, THE INABILITY TO USE THE SERVICE OR THOSE RESULTING FROM ANY MERCHANDISE OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, EVEN IF PRIMAL ESSENCE OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF PRIMAL ESSENCE AND OUR THIRD PARTY SERVICE PROVIDERS UNDER THESE TERMS OF USE SHALL NOT EXCEED ONE THOUSAND DOLLARS. Because some states do not allow the exclusion or limitation of liability for consequential damages, the above limitations may not apply to you.

INDEMNIFICATION
You agree to indemnify, defend, and hold Primal Essence and its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising from (a) a third party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other Materials submitted by you to the Site; (b) any fraud, manipulation, or other breach of these Terms of Use by you; (c) any third party claim, action, or allegation brought against PRIMAL ESSENCE arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or Services; (d) your violation of any law or rights of a third party; or (e) your use, or Primal Essence’s provision, of the Service or use of your account by any third party. Primal Essence reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Primal Essence in asserting any available defenses. You will not settle any action or claims on Primal Essence ‘s behalf without the prior written consent of Primal Essence.

MISCELLANEOUS
These Terms of Use will be construed and interpreted in accordance with the laws of the State of California, without reference to its conflict-of-laws rules. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the State of California and US federal courts located in the State of California. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. If any provision of these Terms of Use is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use merge and supersede all previous and contemporaneous written or oral agreements and understandings regarding the Services and Site. Primal Essence may assign these Terms of Use in whole or in part. You represent and warrant that you are at least 18 years of age, and can lawfully enter into contracts under applicable law.

If you have any questions regarding these Terms of Use, the Site, or the Services, please contact us.