TERMS AND CONDITIONS OF USE
Last Updated August 3, 2021
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
PrimeFood llc, together with its subsidiaries and affiliates (“PrimeFood”), provides you access and use of our websites, including PrimeFoodllc.com and other Internet sites, mobile applications, and social media sites operated by or for PrimeFood (collectively, the “Sites”), subject to your compliance with these terms and conditions of use (the “Site Terms”). By accessing, browsing, and using the Sites, you agree to be bound by the Site Terms and all applicable law. If you do not agree to be bound by the Site Terms and applicable law each time you use the Sites or you do not have the authority to agree to or accept these Site Terms, you may not use the Sites.
Related Policies and Terms
Additional policies and terms apply to use of specific portions of the Sites and to the purchase of certain Merchandise or Services and are included as part of the Site Terms. Please refer and review all additional specific terms and conditions, including the terms at Shopping PrimeFoodll.com
The Site Terms apply exclusively to your access to, and use of, the Sites and do not alter in any way the terms or conditions of any other agreement you may have with Costco for products, services, or otherwise.
Modification of Site Terms
PrimeFood reserves the right to modify these Site Terms in our sole discretion from time to time and only PrimeFood has the right to do so. If the Site Terms are changed, we will post the new terms on the Sites and note the date they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Sites following the posting will constitute your acceptance of the new Site Terms.
United States Usage
The Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to the Sites. If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You may not use the Sites or PrimeFood’s services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are accessing the Sites or using Primefood’s services. You are responsible for compliance with all U.S. or other export and re-export restrictions that may apply to goods, software, technology and services.
License and Site Access
Primefood grants you a limited license to make personal use only of the Sites. Such grant does not include, without limitation: (a) any resale or commercial use of the Sites or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Sites except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any Primefood trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Sites and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Sites or any other user of the Sites. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Costco or any third party. You may not use any meta tags or any other “hidden text” utilizing Primefood’s name, trademark, or product name without our express written consent. “Site Materials” means all materials on the Sites, including, without limitation, trademarks (as specifically defined in these Site Terms), design, product description, HTML text, graphics, other files, photographs, codes, software layout, design forms and the selection and arrangement thereof.
We may terminate this license and your use of or access to the Sites if you make or permit any unauthorized use of the Sites. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
Restrictions on Use
Except as stated in the Site Terms, none of the materials and intellectual property described in these Site Terms (including the Site Materials) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Primefood or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Sites for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Sites (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance), without the prior written permission of Primefood, is strictly prohibited.
To notify us of a suspected copyright infringement, write to us at:
2800 Post Oak Blvd, Houston, TX 77056
If you register on the Sites, you agree that any information you provide to us will be current, accurate and complete, and you will promptly update this information if it changes.
THE SITES AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRIMEFOOD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITES AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THE SITES. PRIMEFOOD DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PRIMEFOOD IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. PRIMEFOOD DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES IS AT YOUR SOLE RISK.
FURTHERMORE, THE SITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED WITH THE UNDERSTANDING THAT ORDERS ARE NOT MADE PURSUANT TO ANY COVERED FEDERAL, STATE OR LOCAL GOVERNMENT CONTRACT THAT WOULD IMPOSE GOVERNMENT CONTRACTING OBLIGATIONS ON PRIMEFOOD BY NATURE OF THIS SALE. ANY ITEMS PROVIDED IN CONNECTION WITH THIS PURCHASE ARE NOT INTENDED FOR DISTRIBUTION OR RESALE TO ANY FEDERAL, STATE OR LOCAL GOVERNMENT AGENCIES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Costco.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRIMEFOOD BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO PRIMEFOOD’S OPERATION OF, OR YOUR USE OF, THE SITES, EVEN IF COSTCO OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PRIMEFOOD [WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY] ARISING OUT OF OR RELATING TO PRIMEFOOD’S OPERATION OF THE SITES EXCEED $100.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF PRIMEFOOD IN CONNECTION WITH OPERATING THE SITES.
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforce-ability of any remaining provisions.
No waiver, express or implied, by either party of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
If at any time you need assistance or are experiencing difficulties using the Sites, please contact Customer Service via phone or chat; or write us at: Customer Service.