Welcome to the Viathon website (the “Site”). The Site is operated by Walmart Inc. (“Company” or “us” or “we”). These Terms of Service (these “Terms") are an agreement between you and Company governing your use of the Site and our Viathon online store accessible via the Site, together with any materials and services available or accessible on the Site (collectively, the "Services").
Please read and review these Terms carefully, because by accessing or using the Services, or by clicking to accept or agree to these Terms when this option is presented to you, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.
IMPORTANT: THE SECTION BELOW ENTITLED ”DISPUTES AND ARBITRATION“ REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST COMPANY, MEANING YOU CANNOT BRING CLAIMS AGAINST COMPANY IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
Changes to Terms or Services
We may change these Terms from time to time by notifying you of the changes by any reasonable means, including by posting revised Terms through the Site. The most current version of the Terms will supersede all previous versions, except that any changes will not apply to any dispute between you and us arising before we posted the revised Terms, or otherwise notified you of the changes. Because the Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.
Using the Services
Eligibility. You affirm that you are legally capable of entering into a binding agreement (and that you are at least the age of legal majority in your jurisdiction, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms). If you violate or do not agree to these terms, then your access to and use of the Services is unauthorized.
Registration and Your Information and Account. If you want to use certain features of the Services, including purchasing products online, you’ll have to create an account (“Account”) via the Site and provide your name and email address. Creation of your Account on the Site will enable you to use the features available on any and all parts of the Site.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we may suspend or terminate your Account. You agree not to disclose your Account password to anyone and to notify us immediately of any unauthorized use of your Account.
Subscription. You’ll be able to subscribe to our mailing list to receive emails and updates from the Services by providing us with your email address. You can unsubscribe at any time.
How the Services Work. We make available an online platform that allows you to purchase products (“Products”). Through the Services you will be able to browse our Products and place orders.
Order Confirmation. We will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us. We may also, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same Account, Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount.
Shipment Confirmation and Delivery. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the Products have been shipped. You may choose the method of shipment and timing of shipment for Products you order if more than one method is available, and you will be charged shipping and handling charges accordingly based on your choice. Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping requirements on the Site. All purchases are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. We are not responsible for deliveries that are delayed due to events that are beyond our control. However, we will work with you to ensure a smooth delivery.
Prices. The prices displayed for Products available for purchase via the Services represent the applicable retail prices, and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Services are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your shopping cart.
Payment. By submitting an order through the Services, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a “Method of Payment”). To make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Services. You represent and warrant that you have the right to use any Method of Payment that you submit in connection with a purchase.
Cancellation, Return and Exchange Policies. Cancellation, return and exchange policies are available to you via the Services. If a Product is not what you expected it to be, please review such policies to learn how and when you may return or exchange a Product purchased via the Services. You agree that any applicable shipping and/or handling charges may be non-refundable.
Product Information. Some Products displayed on the Services are available exclusively online through the Services. These Products may have limited quantities and, because of their limited availability, we may not be able to refresh the stock for these Products. When a Product featured on the Services is no longer in stock, we use our best efforts to remove such Product from the Services in a timely manner. Should you have any questions concerning the availability of a particular Product, please contact our Customer Service at email@example.com.
Errors, Inaccuracies and Omissions. We make every effort to present the most recent, accurate, and reliable information on the Services at all times. Occasionally, however, there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. We reserve the right to amend errors or to update Product information at any time without prior notice. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of Product listings, descriptions or images (including any features, specifications and prices contained in them). Product information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only.
If a Product is listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, we will issue a credit to your Method of Payment in the amount of the incorrect price.
Colors & Style. We have made every effort to display as accurately as possible the colors and styles of Products that appear on the Services. We cannot guarantee that your computer monitor's display of any color or style will be accurate.
Cancellation of Orders. We reserve the right to cancel, modify or suspend any order placed or restrict or suspend an account or access to the Site if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.
Alerts and Notifications
As part of the Services, you may receive notifications, alerts, emails, or other types of messages regarding the Services (for example, order confirmations, shipment confirmations and/or delivery information).
We may also periodically send you emails that directly promote the Services and Products (for example, new Product offerings or features we provide, recommendations, special discounts or promotions). When you receive such promotional emails from us you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive.
We welcome feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by email at firstname.lastname@example.org or any other means that we may make available to you. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable (through multiple tiers) and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) make available through the Services or transmit to us through the Services (including by email). Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
Company and/or its licensors exclusively own all right, title and interest in and to the Services and Content (other than User Content), including all associated intellectual property rights. You acknowledge and agree that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. VIATHON and all related names, logos, product and service names, designs and slogans are trademarks of Company and/or its licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs and/or slogans on the Site are the trademarks of their respective owners. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
By making any User Content available through the Services, you hereby grant to Company a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicenseable (through multiple tiers) license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders. You retain all other rights with respect to your User Content.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that your User Content, your use and provision of your User Content you make available through the Services, and any use of your User Content by us on or through the Services will not infringe, misappropriate or violate a third party’s intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Any and all User Content that you make available through the Services shall be deemed non-confidential and non-proprietary. We may or may not remove or delete any of your User Content at any time. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
Without limiting the foregoing, we have the right and obligation to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.
YOU WAIVE AND RELEASE COMPANY, ITS AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS YOU MIGHT BRING RESULTING FROM ANY SUCH PARTY’S COOPERATION WITH SUCH AN INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH AN INVESTIGATION.
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Notice and Takedown Procedures
Company respects the intellectual property of others. If you believe that your work is accessible on the Site in a way that constitutes copyright infringement, please see our DMCA Procedure (available at http://help.walmart.com/app/answers/detail/a_id/254) for instructions on how to contact us to report possible copyright infringement.
The Services may be used only for lawful purposes and in accordance with these Terms. You agree you will not use the Services to: engage in or encourage conduct that would in our sole discretion and judgment constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); communicate, transmit, redistribute or upload content or material (including User Content) that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or is incomplete, false, inaccurate or not your own, or contains any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities, or includes any addresses, email addresses, phone numbers or any contact information, or contains corrupted files, viruses, malware or any harmful software, or is libelous, defamatory or otherwise unlawful, threatening, harassing, abusive, vulgar, obscene, offensive, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable, or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, or is violent or promotes violence or actions that are threatening to any person or entity; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; or engage in or encourage any conduct that restricts, impairs or inhibits any other user from using or enjoying the Services.
Violations of system or network security may result in civil or criminal liability. Company may investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Services and you agree not to do any of the following:
- use, display, mirror or frame the Services or any individual element within the Services, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Company’s express written consent;
- access, tamper with, or use non-public areas of the Services, Company’s computer systems, or the technical delivery systems of Company’s providers;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Services or Content;
- attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools and the like) other than the software and/or search agents provided by Company or other generally available third-party web browsers;
- access data not intended for you or log on to a Company server or account you are not authorized to access;
- harvest or collect information about users of the Services;
- attempt (or succeed in an attempt) to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempt (or succeed in an attempt) to interfere in any way with, gain unauthorized access to, damage or disrupt any part of the Services, or any Site's or Company’s networks or network security, or use any Site's service to gain unauthorized access to any other computer system;
- use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; or
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content.
Third Party Materials
The Services may contain links to third party websites or resources or Content made available by third parties (including other Account holders) (“Third Party Materials”). Company may enter into arrangements with third parties for which it receives financial consideration for including Third Party Materials or for the sale of Products. Notwithstanding the foregoing, we provide Third Party Materials only as a convenience and we neither control or endorse, nor are we responsible for, the Content, products or services on or available from such Third Party Materials. The availability through the Services of any Third Party Materials does not imply our endorsement of any products or services on or available from such Third Party Materials, or our affiliation with the provider of such products or services. If you use links to third party websites or resources, you will leave the Services and your activities may be governed by other terms and conditions and privacy practices. You acknowledge sole responsibility for, and assume all risk arising from, your use of any Third Party Materials.
Nothing in these Terms will be deemed to be a representation or warranty by Company with respect to Third Party Materials, and Company has no obligation to monitor Third Party Materials. Company may block or disable access to any Third Party Materials through the Services at any time.
Accessing the Services and Account Security
We reserve the right, at any time in our sole discretion and without notice to you, to modify, suspend or discontinue the Services and Content. We may also impose rules for and limits on use of the Services or restrict your access to part or all of the Services without notice or penalty. You agree that, to the fullest extent allowed by applicable law, we will not be liable to you or to any third party for any modification, suspension or discontinuance of any Services or Content.
Your use of the Services and Content and your purchase of Products are at your sole risk. THE SERVICES, CONTENT AND PRODUCTS ARE PROVIDED "AS IS" without warranty of any kind except as expressly provided in writing by the Company. Without limiting the foregoing, COMPANY EXPLICITLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, CONTENT AND PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Except as expressly provided in writing by the Company, we make no warranty that the Services or Products will meet your requirements or that the Services will be available on an uninterrupted, secure, or error-free basis. Company makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content, including but not limited to the availability and/or pricing of Products sold via the Services. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING SUCH SERVICES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Company, its parent, affiliates, licensees, successors and assigns, and any of their respective directors, officers, employees, and agents from and against all claims, liabilities, damages, expenses and costs (including reasonable attorneys' fees) arising out of, related to, or in connection with your use of, or activities in connection with, the Services and your violation or alleged violation of these Terms.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS PARENT, AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, OR SERVICE INTERRUPTION OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, PRODUCTS OR THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT OR TORT (WHERE THE LEVEL OF CULPABILITY REQUIRES A NEGLIGENCE STANDARD), WHETHER OR NOT COMPANY OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, SITE OR CONTENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO COMPANY IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, IF ANY, OR (B) ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COMPANY, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
We control and operate the Services from the United States, and all information is processed within the United States. We do not represent that the Services or Content are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services.
Software, if any, that may be downloaded from the Services is subject to export controls under the laws and regulations of the United States. By visiting and using any of the Services, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the United States government's lists of prohibited and restricted parties.
Disputes & Arbitration; Applicable Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Site constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Company will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
Information or Complaints
If you have any questions about these Terms or the Services, please contact us at email@example.com or by mail at Viathon, 850 Cherry Ave., San Bruno, California 94066. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms constitute the entire agreement between you and Company, govern your use of the Services, and supersede any prior agreements between you and Company. You may also be subject to additional terms and conditions that are applicable to certain parts of the Services. You may not assign or transfer these Terms, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The section titles in these Terms are for convenience only and have no legal or contractual effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between Company and you as a result of these Terms or your use of the Services.
The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of these Terms deemed enforceable by applicable courts of law.
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