Welcome to walmartstores.com
This site is provided as a service to our customers. Please review the following
basic rules that govern your use of our Site (the "Agreement"). Please
note that your use of our Site constitutes your unconditional agreement to follow
and be bound by these Terms and Conditions. Although you may "bookmark"
a particular portion of this Site and thereby bypass this Agreement, your use of
this Site still binds you to the terms. walmartstores.com reserves the right to
update or modify these Terms and Conditions at any time without prior notice. Your
use of the walmartstores.com Web site following any such change constitutes your
unconditional agreement to follow and be bound by the Terms and Conditions as changed.
For this reason, we encourage you to review these Terms and Conditions whenever
you use this Web site.
COPYRIGHTS and TRADEMARKS
Unless otherwise noted, all materials, including images, text, illustrations, designs,
icons, photographs, programs, video clips and written and other materials that are
part of this Site (collectively, the "Contents") are copyrights, trademarks,
trade dress and/or other intellectual property owned, controlled or licensed by
walmartstores.com, one of its affiliates or by third parties who have licensed their
materials to walmartstores.com and are protected by U.S. and international copyright
laws. The compilation (meaning the collection, arrangement, and assembly) of all
content on this site is the exclusive property of walmartstores.com and is also
protected by U.S. and international copyright laws.
© 2001 walmartstores.com, Inc. All Rights Reserved.
Walmart Stores, Inc. and its suppliers and licensors expressly reserve all intellectual
property rights in all text, programs, products, processes, technology, content
and other materials which appear on this Web site. Access to this Web site does
not confer and shall not be considered as conferring upon anyone any license under
any of walmartstores.com's or any third party's intellectual property rights.
The Walmart names and logos and all related product and service names, design marks
and slogans are the trademarks or service marks of Walmart Stores, Inc. All other
marks are the property of their respective companies. No trademark or service mark
license is granted in connection with the materials contained on this website. Access
to this website does not authorize anyone to use any name, logo or mark in any manner.
References on this Web site to any names, marks, products or services of third parties
or hypertext links to third party sites or information are provided solely as a
convenience to you and do not in any way constitute or imply walmartstores.com,
Inc.'s, endorsement, sponsorship or recommendation of the third party, information,
product or service. walmartstores.com is not responsible for the content of any
third party sites and does not make any representations regarding the content or
accuracy of material on such sites. If you decide to link to any such third party
web sites, you do so entirely at your own risk.
USE OF THIS SITE
This Site and all its Contents are intended solely for personal, non-commercial
use. 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 Contents, the Site or any
related software. All software used on this site is the property of walmartstores.com
or its suppliers and protected by U.S. and international copyright laws. The content
and software on this site may be used only as a shopping resource. Any other use,
including the reproduction, modification, distribution, transmission, republication,
display, or performance, of the content on this site is strictly prohibited. walmartstores.com
is a registered trademark of Walmart Stores, Inc. and walmartstores.com.
SITE SECURITY
Users are prohibited from violating or attempting to violate the security of the
Site, including, without limitation, (a) accessing data not intended for such user
or logging onto a server or an account which the user is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization; (c)
attempting to interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading, "flooding,"
"spamming," "mailbombing" or "crashing;" (d) sending
unsolicited email, including promotions and/or advertising of products or services;
or (e) forging any TCP/IP packet header or any part of the header information in
any email or newsgroup posting. Violations of system or network security may result
in civil or criminal liability. The Company will investigate occurrences that may
involve such violations and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations. You agree not to use any
device, software or routine to interfere or attempt to interfere with the proper
working of this Site or any activity being conducted on this site. You agree, further,
not to use or attempt to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search this Site other than the search engine and search
agents available from Company on this Site and other than generally available third
party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
GENERAL
This Agreement represents the complete agreement between the parties and supersedes
all prior agreements and representations between them. If any provision of this
Agreement is held to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable and the other terms of this
Agreement shall remain in full force and effect. The failure of Company to act with
respect to a breach of this Agreement by you or others does not constitute a waiver
and shall not limit Company's rights with respect to such breach or any subsequent
breaches. This Agreement shall be governed by and construed under California law
as such law applies to agreements between California residents entered into and
to be performed within California. Any action or proceeding arising out of or related
to this Agreement or your use of this Site must be brought in the state or federal
courts of California.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed,
submitted or offered to Walmart Stores, Inc. on or by this Site or otherwise disclosed,
submitted or offered in connection with your use of this Site (collectively, the
"Comments") shall be and remain walmartstores.com's property. Such disclosure,
submission or offer of any Comments shall constitute an assignment to walmartstores.com
of all worldwide rights, titles and interests in all copyrights and other intellectual
properties in the Comments. Thus, Walmart Stores, Inc. 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. Walmart Stores, Inc. 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. We
welcome your comments regarding the walmartstores.com Web site. However, any comments,
feedback, notes, messages, ideas, suggestions or other communications (collectively,
"Comments") submitted by you shall be and remain the exclusive property
of walmartstores.com. Your submission of any such Comments shall constitute an assignment
to Walmart Stores, Inc. of all worldwide rights, titles and interests in all copyrights
and other intellectual property rights in the Comments. Walmart Stores, Inc. will
be entitled to use, reproduce, disclose, publish and distribute any material you
submit for any purpose whatsoever, without restriction and without compensating
you in any way. For this reason, we ask that you not send us any comments that you
do not wish to assign to us, including any confidential information or any original
creative materials such as stories, product ideas, computer code or original artwork.
COLORS
We have made every effort to display as accurately as possible the colors of our
products that appear on the Site. However, as the actual colors you see will depend
on your monitor, we cannot guarantee that your monitor's display of any color will
be accurate.
INDEMNIFICATION
You agree to defend, indemnify and hold Walmart Stores, Inc. harmless from and
against any and all claims, damages, costs and expenses, including attorneys' fees,
arising from or related to your use of the Site.
TERMINATION
These terms are effective unless and until terminated by either you or Walmart
Stores, Inc.. You may terminate this Agreement at any time, provided that you discontinue
any further use of this Site. walmartstores.com also may terminate this Agreement
at any time and may do so immediately without notice, and accordingly deny you access
to the Site, if in Walmart Stores's sole discretion you fail to comply with any
term or provision of this Agreement. Upon any termination of the Agreement by either
you or Walmart Stores, Inc., you must promptly destroy all materials downloaded
or otherwise obtained from this Site, as well as all copies of such materials, whether
made under the terms of use or otherwise.
DISCLAIMER
THIS SITE IS PROVIDED BY WALMART STORES, INC. ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WALMART STORES, INC. MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, WALMART STORES, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WALMART STORES, INC.
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED
ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WALMARTSTORES.COM WEB SITE, THAT
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY
PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES
AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT,
CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WALMART STORES, INC. OR ANY OF ITS
EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR
TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES
OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY
TO USE THE WALMARTSTORES.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS,
OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WALMART
STORES, INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL WALMART STORES, INC. BE LIABLE FOR ANY DAMAGES IN EXCESS
OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH
PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Copyright © 2001 Walmart Stores, Inc.
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to speak with a Help Desk representative.