TERMS & CONDITIONS

(Updated: April 4, 2022)

PRIMAL PET GROUP, INC., a Delaware corporation

PRIMAL PET FOODS, INC., a California corporation

PRAIRIE DOG PET PRODUCTS, LLC, a Delaware Limited Liability Company

HIMALAYAN DOG CHEW, INC., a Washington corporation

HOLISTIC HOUND, INC., a Delaware corporation

SECTION 1 — GENERAL

These Terms & Conditions govern all Primal Pet Group, Inc. and its affiliates’ websites and all products and services, including information, tools and other features, if any, posted or otherwise advertised, manufactured, offered for sale or sold by any of them (“Products and Services”).  Primal Pet Group, Inc. is a Delaware corporation.  Primal Pet Group, Inc.’s affiliates include Primal Pet Foods, Inc. (including its dba “Primal Pets”), which is a California corporation, Prairie Dog Pet Products, LLC, a Delaware limited liability company, Himalayan Dog Chew, Inc. (including its dbas “Yellow Yak” and “Chewmeter”), a Washington corporation, and Holistic Hound, Inc., a Delaware corporation.  In these Terms & Conditions, each and all of Primal Pet Group, Inc. and its affiliates are referred to both individually and collectively as “Primal” or as a “Primal affiliate,” as may be applicable.  Please note that each Primal affiliate is a separate company and a separate legal entity from each and all of the companies that are other Primal affiliates.  When you access or use a Primal affiliate’s website or purchase or use Products and Services from a Primal affiliate, you are transacting business with that specific company, not with any other Primal affiliate.  Further, the laws that may govern transactions with one Primal affiliate, including sales, consumer and privacy laws, may or may not be the same laws that would govern transactions with another Primal affiliate.  The laws that may govern a specific transaction may also in some cases provide less protection than might be provided by these Terms & Conditions.  In such a case, your rights will be limited to those granted by law even if these Terms & Conditions might provide greater rights.

SECTION 2 — CERTAIN AGREEMENTS

Please read these Terms & Conditions carefully before accessing or using any Primal website or purchasing or using any Products and Services.  Your access to or use of any Primal website or your purchase or use of any Products and Services are conditioned upon your acceptance of these Terms & Conditions and shall constitute your agreement to be bound by them.  These Terms & Conditions apply to all Primal website accessors and users and all purchasers and users of all Products and Services, including without limitation browsers, consumers, merchants or contributors of content.  Any new Products and Services shall also be subject to these Terms & Conditions.  If you do not agree to all of these Terms & Conditions, you should not access or use any Primal website or purchase or use any Products and Services.  You can review the most current version of these Terms & Conditions at any time on this page.  Primal reserves the right, in its sole discretion, to modify, including to delete, any part of these Terms & Conditions without prior notice at any time by posting the modifications.  It is your responsibility to check this page periodically for modifications.  Your continued access to or use of any Primal website or your other continued purchase or use of any Products and Services following the posting of any modifications constitutes your acceptance of the modifications.  Primal has no obligation to modify these Terms & Conditions.

You also agree that you are at least 21 years of age and that any minors in your household are authorized to enter into transactions with Primal on your behalf.  You also agree that you have full legal authority and the necessary financial means to engage in your transaction(s) with Primal and that you will pay Primal in full related to your transaction(s).  You also agree that any information you submit to Primal, including through any Primal website, but excluding credit card information (i) may be transferred unencrypted, (ii) may be transferred over various networks or devices, and (iii) may be changed to conform and adapt to technical requirements of connecting networks or devices.  You also agree not to access or use any Primal website or purchase or use any Products and Services for any unauthorized or illegal purpose.  You also agree not to transmit to any Primal website any worms, viruses, malware or any other code of a destructive nature.  You also agree not to reproduce, edit, sell or otherwise exploit for any purpose any portion of any Primal website or any Products and Services.  To the fullest extent allowed by applicable law, you agree that any violation of any of these Terms & Conditions by you may result in termination of your access to and use of all Primal websites and your purchase and use of all Products and Services.  Without limiting the foregoing, and to the fullest extent allowed by applicable law, you also agree that Primal has the right, in its sole discretion, to not do business with you or any other party for any reason (or for no reason) at any time.

SECTION 3 — ACCURACY, COMPLETENESS & TIMELINESS OF WEBSITE INFORMATION, INCLUDING PRODUCTS AND SERVICES DESCRIPTIONS & IMAGES

To the fullest extent allowed by applicable law, Primal shall not be responsible or liable if material (including information, tools or other features) made available on any Primal website is not accurate, complete or current (including historical references).  The material on all Primal websites is provided for general information purposes only and should not be relied upon or used as the sole basis for making any decisions without consulting primary, more complete, more timely, definitive sources of information.  Any reliance on the material posted on any Primal website is at your own discretion and risk.

All descriptions and images of Products and Services on any Primal website are subject to change at any time without notice.  Primal does not in any way warrant the accuracy of any image or color or that your computer monitor’s display of any image or color will be accurate.  Primal reserves the right to modify, including to delete, any Products and Services description or image without prior notice at any time.  Your continued access to or use of any Primal website or your other continued purchase or use of any Products and Services following any modifications constitutes your acceptance of the modifications.  Primal has no obligation to modify any Primal website, including related to the description or image of any Products and Services.

SECTION 4 — MODIFICATIONS TO PRODUCTS AND SERVICES & PRICES

Prices, shipping costs and shipping times for Products and Services are subject to change without prior notice at any time.  Primal also reserves the right, in its sole discretion, to modify, suspend or discontinue any Products and Services (or any part or the ingredients or other contents or components thereof) without prior notice at any time.  Primal shall not be responsible or liable to you or to any third-party for any Products and Services modifications, price, shipping or shipping cost changes, or for any suspensions or discontinuances.

SECTION 5 — CERTAIN PRODUCTS AND SERVICES; ORDER LIMITATIONS; RETURNS

Certain Products and Services may be available exclusively online through a Primal website.  These Products and Services may be available only in limited quantities.

To the fullest extent allowed by applicable law, Primal reserves the right, in its sole discretion, to refuse any order.  Also to the fullest extent allowed by applicable law, Primal, in its sole discretion, may limit or cancel quantities purchased, including overall or per purchaser, per household, or per order.  Order limitations and cancellations may also apply, without limitation, to orders placed by or under the same customer account or on the same credit card, or that use the same billing or shipping addresses.  In the event that any order is, refused, changed or cancelled, Primal may attempt to notify you but has no obligation to do so.

To the fullest extent allowed by applicable law, Primal also reserves the right (in its sole discretion) but is not obligated to (i) limit sales of Products and Services to any geographic region or jurisdiction, and (ii) limit or prohibit orders that appear to be placed by resellers, including retailers and distributors.

Any offer of Products and Services, if any, is void where prohibited by law.

All Products and Services are subject to return, if at all, only according to these Terms & Conditions and Primal’s Product Return Policy, if any.

SECTION 6 — ACCURACY OF YOUR BILLING & ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase, billing, account, location, delivery and contact information for all purchases made from Primal.  You agree to promptly update all such information, including your email address and credit card numbers and expiration dates, so that Primal can complete your transaction(s), contact you as needed, and enforce its rights, including to payment.

SECTION 7 — THIRD-PARTY PRODUCTS AND SERVICES INCLUDING WEBSITE MATERIALS

Primal websites may provide you with access to (including by hyperlink) or use of third-party products and services and materials (including information, tools and other features) which Primal neither monitors nor has control over nor input into.  To the fullest extent allowed by applicable law, you agree that Primal provides access to and use of such products and services and materials on an ”as is, where is,” “as available” and “with all faults” basis, without any representations or warranties of any kind and without any endorsement.  To the fullest extent allowed by applicable law, Primal disclaims, and you waive and release Primal from, any and all rights, claims, demands, responsibility, liability, injuries, losses, damages, fines, and penalties, of any nature whatsoever, in any way arising out of or related to your access to or use or purchase of third-party products and services and materials on any Primal website.  Any access to or use or purchase by you of such products and services and materials is at your own discretion and risk and you should ensure that you are familiar with and approve of the terms on which such products and services and materials are provided by any applicable third-parties.  Questions, complaints and claims regarding third-party products and services and materials should be directed to the applicable third-parties.

SECTION 8 — USER SUBMISSIONS & PROHIBITED USES

If, at Primal’s request, you provide information (for example, for contest entries) or, without a request from Primal, you provide creative ideas or other information, of any nature, whether online, by email, by postal mail, or otherwise (collectively “Comments”), you agree that Primal may, at any time, without prior notice and without any restriction, copy, edit, translate, distribute, publish, and otherwise use and exploit them in any medium and in any manner, for profit or otherwise.  You also agree that you are providing Primal with a worldwide, irrevocable license for all Comments submitted.  You also agree that you shall not use a false email address for any submission, pretend to be someone other than yourself, or otherwise mislead Primal or any third-parties as to the origin of any Comments.  You also agree that you are solely responsible for any Comments you make and their accuracy.  To the fullest extent allowed by applicable law, Primal shall have no responsibility or liability in any way arising out of or related to any Comments posted by you or any third-party, or for any related injuries, losses, damages, fines, or penalties, of any nature whatsoever.  You also agree that Primal shall have no obligation (i) to maintain any Comments in confidence, (ii) to pay compensation of any nature for any Comments, (iii) to respond to any Comments, or (iv) to use any Comments for any purpose.  You also agree that you shall not post or upload any Comments (or any material) (i) that are unlawful, offensive, insulting, abusive, harassing, threatening, discriminatory, false, misleading, libelous, disparaging, pornographic, obscene or otherwise objectionable, (ii) which may violate any party’s intellectual property (including copyright and trademark), privacy or other personal, property or other rights or these Terms & Conditions, (iii) which may contain any computer viruses, worms, malware, or any other code of a destructive nature, or (iv) to spam, phish, pharm, pretext, spider, crawl or scrape.  You also agree that Primal shall have the right, in its sole discretion, to edit, remove or delete any Comments (or portions) without prior notice at any time and to terminate your access to and use of all Primal websites and your purchase and use of all Products and Services for submitting (including posting) any prohibited Comments or engaging in any prohibited uses.  Nothing in these Terms & Conditions is intended to nor shall serve as a waiver or release of any rights, if any exist under applicable law, of a consumer to lawfully comment upon any product or service or the provider thereof.

SECTION 9 — PERSONAL INFORMATION

Your submission of personally identifiable information through any Primal website or otherwise is governed by these Terms & Conditions (including the provisions related to Comments) and Primal’s Privacy Policy.  Click here to view Primal’s Privacy Policy.

SECTION 10 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY & DAMAGES

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS & CONDITIONS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL PRIMAL WEBSITES AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS, WHERE IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS ONLY, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT.  PRIMAL ALSO DOES NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS AND SERVICES WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS ON ANY PRIMAL WEBSITES OR ANY NON-CONFORMING PRODUCTS AND SERVICES SHALL BE CORRECTED OR REMEDIED.

WITH RESPECT TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, THE WARRANTIES DISCLAIMED INCLUDE (i) WHETHER ANY PRIMAL WEBSITE OR ANY PRODUCTS AND SERVICES MEET ANY STANDARDS (INCLUDING INDUSTRY AND LEGAL (INCLUDING REGULATORY) STANDARDS) OF QUALITY, CHARACTER OR PRICE, INCLUDING WITHOUT LIMITATION WHAT PRODUCTS AND SERVICES LOOK, SMELL AND TASTE LIKE, THEIR ORIGIN, THEIR INGREDIENTS, THEIR METHOD OF MANUFACTURE, PACKAGING, STORAGE OR DELIVERY, THEIR FRESHNESS, THEIR SHELF LIFE, THEIR NUTRITIONAL VALUE, THEIR APPROPRIATE USES, THEIR EFFECTS WHEN USED, THEIR QUALITATIVE COMPARISON TO OTHER PRODUCTS AND SERVICES, AND THEIR RELATIVE PRICES COMPARED TO OTHER PRODUCTS AND SERVICES, (ii) WHETHER ANY PRIMAL WEBSITE OR ANY PRODUCTS AND SERVICES ARE RELIABLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR OR MALWARE FREE, AND (iii) WHETHER ANY PRIMAL WEBSITE OR ANY PRODUCTS AND SERVICES HAVE BEEN OR MAY BE MODIFIED, SUSPENDED OR DISCONTINUED.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS & CONDITIONS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, PRIMAL DISCLAIMS, AND YOU WAIVE AND RELEASE, ANY RIGHTS, CLAIMS, DEMANDS, RESPONSIBILITY, LIABILITY, INJURIES, LOSSES, DAMAGES, FINES, AND PENALTIES, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), UNDER STATUTE, AT LAW, IN EQUITY, OR OTHERWISE, IN ANY WAY ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF ANY PRIMAL WEBSITE (INCLUDING RELATED TO ANY POSSIBLE MALWARE ON ANY SUCH WEBSITE THAT MAY AFFECT YOU OR YOUR DEVICES OR DATA) OR YOUR PURCHASE OR USE OF ANY PRODUCTS AND SERVICES.  YOU ALSO AGREE THAT YOUR ACCESS, USE OR PURCHASE OF, OR YOUR INABILITY TO ACCESS, USE OR PURCHASE, ANY PRIMAL WEBSITE OR ANY PRODUCTS AND SERVICES IS AT YOUR SOLE DISCRETION AND RISK.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS & CONDITIONS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO CASE SHALL PRIMAL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, COMPENSATORY, RESTITUTIONARY OR PUNITIVE DAMAGES, OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST INCOME, LOST SAVINGS, LOST TIME COSTS, REPLACEMENT COSTS, DELAY COSTS, OR DAMAGES FOR OR COSTS OF OR RELATED TO PERSONAL INJURIES OR PROPERTY DAMAGE INCLUDING COSTS OF OR RELATED TO MEDICAL OR VETERINARY SERVICES, IN ANY WAY ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF ANY PRIMAL WEBSITE (INCLUDING RELATED TO ANY POSSIBLE MALWARE ON ANY SUCH WEBSITE THAT MAY AFFECT YOU OR YOUR DEVICES OR DATA) OR YOUR PURCHASE OR USE OF ANY PRODUCTS AND SERVICES, EVEN IF PRIMAL KNEW OF THEIR POTENTIAL.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS & CONDITIONS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, AND IN ACCORDANCE WITH PRIMAL’S PRODUCT RETURN POLICY, YOU AGREE THAT THE MOST YOU MAY RECEIVE IN COMPENSATION RELATED TO ANY PRODUCTS AND SERVICES, IF ANYTHING, IS, EXCLUSIVELY AND AT PRIMAL’S SOLE DISCRETION, THE REPLACEMENT OF AN APPLICABLE PRODUCT, A PRODUCT REFUND (OR PARTIAL REFUND), OR THE AMOUNT, IF ANYTHING, YOU ACTUALLY PAID TO PRIMAL FOR ANY SERVICE, WHICH YOU AGREE ARE EACH PRESUMPTIVELY FAIR AND REASONABLE MEASURES OF COMPENSATION.  FURTHER, AND ALSO EXCLUSIVE AS TO AVAILABLE DAMAGES, IF ANY, IN NO EVENT SHALL PRIMAL’S LIABILITY TO YOU EXCEED THE AMOUNT YOU ACTUALLY PAID TO PRIMAL, IF ANYTHING, FOR THE APPLICABLE PRODUCTS AND SERVICES ACCESSED, PURCHASED OR USED, WHICH YOU ALSO AGREE IS A PRESUMPTIVELY FAIR AND REASONABLE MEASURE OF MAXIMUM DAMAGES.  IN ANY JURISDICTION WHICH DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, PRIMAL’S LIABILITY SHALL STILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

For the avoidance of doubt, when these Terms & Conditions disclaim, waive or release rights or remedies, the intention is to do so to the very maximum extent allowed by applicable law, but no further.  As such, nothing in these Terms & Conditions is intended to nor shall serve to disclaim, waive or release rights and remedies which cannot under any circumstances be disclaimed, waived or released as a matter of applicable law.

Primal’s forbearance in the exercise or enforcement of any rights, including any rights afforded by the provisions these Terms & Conditions, shall not constitute a waiver of any such rights.

SECTION 11 — INDEMNIFICATION

You agree to indemnify and hold harmless Primal (and all subsidiaries, partners, owners, shareholders, directors, officers, employees, other agents, attorneys, contractors, licensors, licensees, insurers, and predecessors and successors) from, with respect to, and related to any and all claims, demands or suits, of any nature whatsoever, made or brought by any third-party in any way arising out of or related to your violation of these Terms & Conditions, your violation of any law or your violation of Primal’s other rights or those of any third-party.  Your indemnity and hold harmless obligations extend to any and all responsibility, liability, injuries, losses, damages, fines, and penalties, of any nature whatsoever, and all reasonable attorneys’ fees and court costs (including any expended to enforce this provision), incurred by Primal and any other indemnitee.

SECTION 12 — SEVERABILITY

In the event that any provision of these Terms & Conditions is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed and shall be automatically replaced with provisions that are as close in meaning and effect as are lawful, and the determination and severance shall not affect the validity and enforceability of any remaining provisions.

SECTION 13 — ENTIRE AGREEMENT; AMBIGUITIES

These Terms & Conditions constitute the entire agreement and understanding between you and Primal and govern your access to and use of all Primal websites and your purchase and use of all Products and Services, superseding any prior or contemporaneous agreements or representations, whether oral or written.  You agree that any ambiguities in these Terms & Conditions, if any, shall not be construed against Primal.

SECTION 14 — TERMINATION; SURVIVAL OF TERMS

The rights, obligations, responsibilities, liabilities, disclaimers, waivers, releases, and limitations set forth in these Terms & Conditions shall survive termination of any specific transaction(s).  If, in Primal’s sole discretion, you fail, or if Primal suspects that you have failed, to comply with any provision of these Terms & Conditions, Primal may, to the fullest extent allowed by applicable law, terminate any transaction(s) with you, cease doing business with you, and deny you access to and use of all Primal websites and Products and Services.

SECTION 15 — GOVERNING LAW & DISPUTE RESOLUTION; JURY TRIAL WAIVER

These Terms & Conditions, your access to or use of any Primal website, and your purchase or use of any Product and Services, shall be governed by the laws of the state in which the applicable Primal affiliate was created, without regard to any conflict of laws rules.  Thus, with respect to Primal Pet Group, Inc., the law of the State of Delaware governs.  With respect to Primal Pet Foods, Inc. (including its dba “Primal Pets”), California law governs.  With respect to Prairie Dog Pet Products, LLC, Delaware law governs.  With respect to Himalayan Dog Chew, Inc., Washington law governs.  With respect to Holistic Hound, Inc., Delaware law governs.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, YOUR ACCESS TO OR USE OF ANY PRIMAL WEBSITE, OR YOUR PURCHASE OR USE OF ANY PRODUCTS AND SERVICES, SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION BEFORE AND UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN EFFECT.  VENUE OF ANY ARBITRATION SHALL BE, EXCLUSIVELY AND IRREVOCABLY, IN THE CITY AND STATE IN WHICH THE APPLICABLE PRIMAL AFFILIATE IS LOCATED, IN THE CASE OF PRIMAL PET GROUP, INC., EVANSTON, ILLINOIS.  IN THE CASE OF PRIMAL PET FOODS, INC. (INCLUDING ITS DBA “PRIMAL PETS”), FAIRFIELD, CALIFORNIA.  IN THE CASE OF PRAIRIE DOG PET PRODUCTS, LLC, ABILENE, TEXAS.  IN THE CASE OF HIMALAYAN DOG CHEW, INC., MUKILTEO, WASHINGTON.  IN THE CASE OF HOLISTIC HOUND, INC., BELLINGHAM, WASHINGTON.  THERE SHALL BE NO CLASS OR REPRESENTATIVE ARBITRATIONS.  YOU SHALL BEAR YOUR OWN ATTORNEYS FEES AND COSTS IN ANY WAY ARISING OUT OF OR RELATED TO ANY AND ALL DISPUTES AND ANY AND ALL ARBITRATIONS, EXCEPT THAT YOU AND PRIMAL SHALL SPLIT IN HALF ANY ARBITRATION ADMINISTRATIVE FEES AND COSTS AND THOSE OF ANY ARBITRATOR(S).  BE ADVISED THAT THIS AGREEMENT WILL RESULT IN YOUR WAIVING ANY RIGHTS YOU MAY HAVE TO TRIAL IN A COURT OR BY A JURY.

SECTION 16 — CONTACT INFORMATION

Questions about these Terms & Conditions should be emailed to hello@primalpetgroup.com