Terms & Conditions
Welcome to the Primal Wear Website ('Site'). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the 'Agreement').
General
We may from time to time change the terms that govern your use of our site. We may change, move or delete portions of, or may add to, our Site from time to time. The use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We may also reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers, resellers or distributors.
Site Content
Unless otherwise noted, all materials, including text, images, product names, logos, executable code, layout designs and templates and other materials that appear as part of this site are copyrights, trademarks and intellectual properties controlled or licensed by Primal Wear, Inc. or the appropriate copyright holder.The contents of our site, and the site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the site.
User Comments, Feedback & Other Submission
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Primal Wear, Inc. on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, 'Comments') shall be and remain the property of Primal Wear, Inc. Such disclosure, submission or offer of any Comments shall constitute an assignment to Primal Wear of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Primal Wear will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Primal Wear is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.You agree that no Comments submitted by you to the site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that Primal Wear may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Primal Wear may use your information for marketing and promotional purposes.
User Communication
You agree that Primal Wear may send electronic mail to you for the purpose of advising you of changes or additions to this site, about any of Primal Wear's products or services, or for such other purpose(s) as Primal Wear deems appropriate.
Personal Information
When you interact with us, we automatically receive and store certain types of information, such as the content you view, the date and time that you view this content, the products you purchase, or your location information associated with your IP address. We use the information we collect to serve you more relevant advertisements (referred to as "Retargeting"). This is statistical information used to monitor the usage of our website and for advertising purposes. This information does not include personal information.
Cookies
As you browse Primalwear.com and other websites, online ad networks we work with may place anonymous cookies on your computer, and use similar technologies, in order to understand your interests based on your (anonymous) online activities, and thus to tailor more relevant ads to you. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number. If you do not wish to receive such tailored advertising, you can visit this page http://www.networkadvertising.org/choices to opt out of most companies that engage in such advertising. (This will not prevent you from seeing ads; the ads simply will not be delivered through these targeting methods.)
Bots and Automation
Manipulating the website by using any bot, script or other automated process, or any other means is not permitted. Any purchase or promotion may be revoked based on the sole discretion of Primal Wear.
Custom Design
CUSTOMER REPRESENTS AND WARRANTS TO PRIMAL WEAR THAT CUSTOMER IS THE OWNER OR LICENSEE OF THE ALPHANUMERIC OR GRAPHIC ELEMENTS IT SUPPLIES TO PRIMAL WEAR (the “Customer Elements”) hereby and grants a non-exclusive, perpetual, irrevocable, worldwide license to Primal Wear to use and incorporate the Customer Elements, for the purposes of design and printing the Product. SPECIFICALLY, CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS A LICENSE TO USE ANY MATERIAL DESCRIBED ABOVE WHICH IT PROVIDES AS PART OF THE CUSTOMER ELEMENTS, WHOSE COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY IS OWNED BY A THIRD PARTY. Customer will indemnify and hold Primal Wear harmless from and against any liability, loss, damage, cost, expense (including attorney’s fees) or claim arising from or pertaining to alleged claims of infringement with respect to Primal Wear’s use of the Customer Elements.
Mobile Terms of Service
Primal Wear Messaging Service Privacy Policy
This Messaging Service Privacy Policy explains how Primal Wear, Inc. (hereinafter, "Primal Wear," "We," "Us," "Our") collects, uses, and shares personal information about you in relation to Our text message marketing program (the "Messaging Service"). This Messaging Service Privacy Policy supplements Our Primary Privacy Policy. For more details, see the section titled "Primary Privacy Policy" below.
Changes to the Messaging Service Privacy Policy
We may revise this Messaging Service Privacy Policy from time to time in our sole discretion. If there are any material changes to this Messaging Service Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Messaging Service Privacy Policy if you continue to use the Messaging Service after the new Messaging Service Privacy Policy takes effect.
Personal Information We Collect
When you sign up for the Messaging Service, We collect personal information such as your name, phone number, and email address. When you use the Messaging Service to send or receive messages, We collect communications metadata (e.g., the time/date a message was sent or received) and the contents of any communications you send or receive via the Messaging Service.
We may also collect information about you using cookies or similar technologies on Our website or other digital properties. Cookies are small text files placed on device browsers that store preferences and facilitate and enhance your experience. Cookies enable personalization of your experience via the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders).
If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, We will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your personal information if you contact Us with questions about the Messaging Service or for customer service.
Use of Personal Information
We use your information to deliver, analyze, maintain and support the Messaging Service. We may also use your information to enhance the Messaging Service features and customize and personalize your experiences on the Messaging Service; to identify and prevent security risks; to prevent fraudulent, deceptive, and malicious activity including harassment and identify theft; and to verify and maintain the safety, quality, and accuracy of the Messaging Service. For example, We may use cookies to prefill your contact information, and to verify that you are authorized to consent to receive marketing messages to your device.
We may use your personal information to generate aggregated and/or de-identified information. Aggregated and/or de-identified information is not personal information and may be shared with any third party, including advertisers, promotional partners, and sponsors.
Sharing of Personal Information
We may share your personal information as contemplated in Our primary privacy policy, if you consent to Us doing so, as well as in the following circumstances:
- Third Parties that Help Provide the Messaging Service. We may share your personal information with third parties that help Us provide the Messaging Service (including, but not limited to, platform providers, phone companies, and other vendors who assist us in the delivery of text messages, fraud prevention, maintaining the security of the Messaging Service, and to verify your device and contact information).
- Legal Requirements, Disclosures to Protect Us or Others. We may disclose any information We store associated with you to external parties if We, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, Our, or others' rights, property, or safety; enforce Our policies or contracts; collect amounts owed to Us; or assist with an investigation or prosecution of suspected or actual illegal activity.
Accurate Information
When you complete forms online or otherwise provide Us information in connection with the Messaging Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Messaging Service for an ulterior purpose, We may refuse you access to the Messaging Service and pursue any appropriate legal remedies.
Choices and Controls
Text messages may be sent via an automatic telephone dialing system. Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of Our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. For additional opt-out information, please review Our Terms of Service.
Customer Care
If you are experiencing any problems with the Messaging Service, please visit https://www.primalwear.com and submit the form with details about your problem or your request for support, or email Primal.Wear@primalwear.com.
Supplemental California Privacy Notice
This Supplemental California Privacy Notice only applies to Our processing of personal information via the Messaging Service that is subject to the California Consumer Privacy Act of 2018 ("CCPA"). The CCPA provides California residents with the right to know what categories of personal information We have collected about them and whether We have disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding twelve months. California residents can find this information below:
| Category of Personal Information Collected by Us | Categories of Third Parties Personal Information is Disclosed to for a Business Purpose |
|---|---|
| Identifiers | • Service providers |
| Personal information categories listed in Cal. Civ. Code § 1798.80(e) | • Service providers |
| Commercial information | • Service providers |
| Internet or other electronic network activity | • Service providers |
| Inferences drawn from other personal information to create a profile about a consumer | • Service providers |
The categories of sources from which We collect personal information and Our business and commercial purposes for using personal information are set forth above and in Our primary privacy policy.
Additional Privacy Rights for California Residents
Individual Rights under the CCPA.
The CCPA provides California residents with the right to request:
- Access to Personal Information, including obtaining access to or a copy of your personal information.
- Deletion of Personal Information
If you are a California resident and would like to exercise any of your rights under the CCPA, please contact Us at Primal.Wear@primalwear.com. We will process such requests in accordance with applicable laws.
"Sales" of Personal Information under the CCPA. For purposes of the CCPA, unless otherwise stated in Our primary privacy policy, We do not "sell" personal information, nor do we have actual knowledge of any "sale" of personal information of minors under 16 years of age.
Non-Discrimination. California residents have the right not to receive discriminatory treatment by Us for the exercise of their rights conferred by the CCPA.
Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, please contact Us at Primal.Wear@primalwear.com.
Verification. When you make a request, We will ask you to provide sufficient information that allows Us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address or phone number associated with any personal information We have about you.
Primary Privacy Policy
By signing up to receive text messages from us, you also agree to Our Primary Privacy Policy. This Messaging Service Privacy Policy is strictly limited to the Messaging Service and does not limit or restrict any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.