Introduction
Welcome to Walmart.com. This Site is provided by Wal-Mart.com USA, LLC (referred to throughout this Site as "Walmart.com") as a service to our customers. Please review the following basic rules that govern your use of the Walmart.com site. Please note that your use of the Walmart.com site, including Walmart Mobile and the Wal-Mart Toyland site (collectively, the "Site") constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to these Terms of Use. Walmart.com reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we recommend that you review these Terms of Use whenever you use this Site.
Top of Page
Use of this Site
By accepting these Terms of Use through your use of the Site, you
certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may
use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms
of Use. Walmart.com does not knowingly collect personal information about children under the age of 13 without
prior parental consent. Except for the Wal-Mart Toyland Site, children under the age of 13 may not use this Site
other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf.
If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages
of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial
charges and legal liability that he or she may incur.
If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site.
All billing and registration information provided must be truthful and accurate. Providing any untruthful or
inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end
of the checkout process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or
downloads, video clips and written and other materials that are part of this Site (collectively, the "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 Walmart.com or its suppliers
and protected by U.S. and international copyright laws. The Contents 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 Contents on this Site is strictly prohibited.
Third Party Sites: References on this
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
Walmart.com's endorsement, sponsorship or recommendation of the third party, its information, products or
services. Walmart.com is not responsible for the practices or policies of such third parties, nor the content of
any third party sites, and does not make any representations regarding third party products or services, or the
content or accuracy of any material on such third party sites. If you decide to link to any such third party sites,
you do so entirely at your own risk.
Top of Page
Site Security
You 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. Walmart.com 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 Walmart.com on this Site
and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).
Top of Page
Order Acceptance
Please note that there may be certain orders that we are unable to
accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any
reason. For your convenience, you will not be charged until your payment method is authorized, the order
information is verified for accuracy and your order is shipped. Some situations that may result in your order
being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or
pricing information, or problems identified by our credit and fraud avoidance department. We may also require
additional verifications or information before accepting any order. We will contact you if all or any portion of
your order is canceled or if additional information is required to accept your order. If your order is canceled
after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Top of Page
Pricing and Content Information
While Walmart.com strives to provide accurate pricing information,
pricing or typographical errors may occur. Walmart.com cannot confirm the price of an item until after you
order. In the event that an item is listed at an incorrect price due to an error in pricing, Walmart.com shall
have the right, at Walmart.com's sole discretion, to refuse or cancel any orders placed for that item. In the
event that an item is mispriced, Walmart.com may, at Walmart.com's discretion, either contact you for
instructions or cancel your order and notify you of such cancellation.
We do our best to provide you with great values on the Site as well as in our stores. However, sometimes a
price online does not match the price in a store. In our effort to be the lowest price provider in your particular
geographic region, store pricing will sometimes differ from online prices. Our stores do not honor Internet
pricing or competitor advertisements from outside of a store's local trade territory.
Walmart.com does not price match with any other online or offline retailer. We strive to maintain highly
competitive prices and review them regularly in order to serve you with great values, every day.
Customers employing mobile devices (such as the Walmart App) to browse the Site may encounter pricing or availability information that is either outdated or inaccurate. Accordingly, pricing and availability remain subject to confirmation at checkout for mobile users.
Merchandise Content: Walmart.com attempts to be
accurate in its product descriptions. However, Walmart.com does not warrant that product descriptions
or other Content of this Site is accurate, complete, reliable, current, or error-free. If you find a product is
not as described, your sole remedy is to return it in unused condition.
Objectionable Content: You understand
that by using this Site or any services provided on the Site, you may encounter Content that may be deemed
by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You
agree to use the Site and any service at your sole risk and that Walmart.com and its affiliates shall have no
liability to you for Content that may be deemed offensive, indecent, or objectionable.
Pharmacy and Medical Content:
All content, including, but not limited to, drug and interaction information, provided in the Pharmacy area,
In Stores Now, or any other part of this Site is for educational purposes only. Such content is intended to
supplement, not substitute for, the diagnosis, treatment and advice of a medical professional. Such content
does not cover all possible uses, precautions, side effects and interactions, and should not be construed to
indicate that any drug is safe for you. Consult your medical professional for guidance before using any
prescription or over the counter drugs. Proper treatment of any condition depends on a variety of personal
health factors, and can best be assessed by a health care provider. In addition, before administering any
prescription or over-the-counter drug, check product information (including package inserts) regarding
dosage, precautions, warnings and interactions.
In Stores Now Content: All content,
including, but not limited to, recipe and health information provided in the In Stores Now area, or any
other part of this Site is for educational purposes only. Such content is intended to supplement, not
substitute for, the diagnosis, treatment and advice of a medical professional. Such content does not
cover all possible side effects of any new or different health program. Consult your medical professional
for guidance before changing or undertaking a new diet or exercise program. Advance consultation with
your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have
health problems.
Top of Page
Quantity Limits and Dealer Sales
Walmart.com reserves the right, at our sole discretion, to
limit the quantity of items purchased per person, per household or per order. These restrictions may
be applicable to orders placed by the same account, the same credit card, and also to orders that use
the same billing and/or shipping address. We will provide notification to the customer should such
limits be applied. Walmart.com also reserves the right, at our sole discretion, to prohibit sales to
dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing
or intending to purchase any product(s) from Walmart.com for the purpose of engaging in a commercial
sale of that same product(s) with a third party.
Top of Page
Export Policy
You acknowledge that the purchased goods licensed or sold on the
Site, which may include technology and software, are subject to the customs and export control laws and
regulations of the United States of America and may also be subject to the customs and export laws and
regulations of the country in which the products are manufactured and/or received. By purchasing,
downloading or using technology or software from the Site, you agree to abide by the applicable laws,
rules and regulations - including, but not limited to the Export Administration Act and the Arms Export
Control Act - and you represent and warrant that you will not transfer, by electronic transmission or
otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Top of Page
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade
dress and/or other intellectual property owned, controlled or licensed by Walmart.com, one of its affiliates or
by third parties who have licensed their materials to Walmart.com and are protected by U.S. and international
copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this
Site is the exclusive property of Walmart.com and is also protected by U.S. and international copyright laws.
Walmart.com 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 Site. Access
to this Site does not confer and shall not be considered as conferring upon anyone any license under any of
Walmart.com's or any third party's intellectual property rights.
The Walmart.com names and logos and all related product and service names, design marks and slogans
are the trademarks or service marks of Wal-Mart 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 Site. Access to this Site does not authorize anyone to use any name, logo or mark in any
manner.
Top of Page
User Reviews, Feedback, Submissions
For all reviews, comments, feedback, postcards, suggestions, ideas,
and other submissions disclosed, submitted or offered to Walmart.com on or through this Site, by e-mail or
telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively,
the "Comments") you grant Walmart.com a royalty-free, irrevocable, transferable right and license to use the
Comments however Walmart.com desires, including without limitation, to copy, modify, delete in its entirety,
adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or
incorporate such Comments into any form, medium or technology throughout the world.
Walmart.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish,
display and distribute any Comments you submit for any purpose whatsoever, without restriction and without
compensating you in any way. Walmart.com 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 any Comments submitted by you to the Site will not violate the terms in this Terms of Use or any
right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary
right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by
you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or
contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any
form of "spam".
Walmart.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to
monitor and edit or remove any Comments submitted to the Site. You grant Walmart.com the right to use the
name that you submit in connection with any Comments. You agree not to use a false email address,
impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are
and shall remain solely responsible for the content of any Comments you make and you agree to indemnify
Walmart.com and its affiliates for all claims resulting from any Comments you submit. Walmart.com and its
affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Top of Page
Marketplace
By purchasing a product from any of our Marketplace Retailers,
you acknowledge that all Marketplace orders will be fulfilled by the third party Marketplace Retailer and
not Walmart.com. The Marketplace Retailer will be responsible for all processing, shipping, returns and
customer service related to your Marketplace order. Products purchased from a Marketplace Retailer
can only be returned to that Marketplace Retailer in accordance with its return policy and cannot be
retuned to Walmart stores or Walmart.com. Each Marketplace Retailer's shipping information, return policy,
customer service information and Marketplace Privacy Policy can be found on that Marketplace Retailer's
Retailer Information page.
Top of Page
Video, Movie, TV Program and Computer Game Ratings
Walmart.com participates in the video and computer game industry's
standardized rating system developed by the Entertainment Software Rating Board (ESRB), and also the Motion
Picture Association of America (MPAA) ratings system. ESRB ratings are placed on game packaging and MPAA
ratings are placed on movie and television show packaging to let you know the nature of the content and the
ages for which the game or movie is appropriate. You can find this information on the item description page
for the game or movie, and you can also learn more by going to the ESRB Ratings Guide or the Guide to Movie
& TV Ratings posted on this site. Walmart.com does not sell games rated "AO: Adult Only" or movies rated
NC-17. Games rated "M: Mature" and movies rated R are intended for mature audiences only and are noted
as such on this site. By ordering any "M: Mature" rated game or certain "RP: Rating Pending" games, or an
R rated movie or certain "NR: Not Rated" movies, you are certifying that you are at least 17 years of age.
Top of Page
Use of Widgets Available on Our Site
As part of our Site, there may be links available to you for use
and display on your website or personal page (the "Widgets"). We grant you a revocable, non-exclusive,
worldwide, royalty-free license for the duration of the term of these Terms of Use, solely for purposes of
facilitating referrals from your site or personal page to the Walmart.com Site, to display Widgets on your site.
Without limiting other remedies, we may limit, suspend or terminate this license and/or your right to access
or display Widgets at any time for any reason, including but not limited to your display of Widgets on a site or
in a manner that we deem unacceptable for any reason.
Except for the license granted herein, you do not obtain any rights under these Terms of Use in any
intellectual property, including, without limitation, any intellectual property with respect to the Widgets,
link formats, technical specifications, guidelines or graphical artwork, or with respect to the Walmart.com
domain name. For avoidance of doubt, the foregoing license does not grant you any right to use any
Walmart.com trademarks, service marks, trade names, domain names, trade dress or other proprietary
logo or indicia (collectively "Trademarks") except as such Trademarks may be included by us within the
default configuration of a Widget.
In connection with your use and display of Widgets, you will: (a) use any data, images, text, or other
information obtained by you from us ("Widget Content") only in a lawful manner and only in accordance
with the terms of these Terms of Use; (b) not modify or alter Widgets; (c) not sell, redistribute, sublicense
or transfer any Widget Content; and (d) not use or display Widgets or any Widget Content in a manner intended
to send sales to any site other than the Walmart.com Site.
You will not display Widgets on any sites or pages that:
- Promote sexually explicit material
- Promote violence or hate toward any persons or groups;
- Promote illegal activities;
- Promote alcohol, tobacco, gambling/lottery in any way;
- Promote the use of pyramid, "ponzi", or similar investment schemes;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party;
- Contain blogging of any form;
- Include "walmart", "wal-mart" or variations or misspellings thereof in their domain names;
- Otherwise violate intellectual property rights of Walmart.com, Wal-Mart Stores or its suppliers; or
- Disparage Walmart.com, Wal-Mart Stores, Wal-Mart Stores affiliates, or their suppliers;
Top of Page
Colors
We have made significant efforts to accurately display 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.
Top of Page
Indemnification
You agree to defend, indemnify and hold harmless Walmart.com
and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees,
arising from or related to your use of the Site or any breach by you of these Terms of Use.
Top of Page
Termination
These Terms of Use are effective unless and until terminated by either
you or Walmart.com. You may terminate these Terms of Use at any time, provided that you discontinue any
further use of this Site. Walmart.com also may terminate these Terms of Use at any time and may do so
immediately without notice, and accordingly deny you access to the Site, if in Walmart.com's sole discretion
you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of
Use by either you or Walmart.com, 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.
The following sections shall survive any termination of these Terms of Use: "Comments," "Site Security,"
"Pricing and Content Information," "Quantity Limits and Dealer Sales," "Export Policy," "Copyrights and
Trademarks," " User Reviews, Feedback and Submissions," "Indemnification," "Termination," "Disclaimer"
"Limitation of Liability," "Baby Center," "Privacy" and "General."
Top of Page
Disclaimer
THIS SITE IS PROVIDED BY WALMART.COM ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WALMART.COM 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.COM 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.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE
OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WALMART.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
THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
MERCHANDISE CONTENT DISCLAIMER: PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS
OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION
MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY
CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE
OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE
RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS
READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL
INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. WALMART.COM ASSUMES NO
LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED
FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS
AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY WALMART.COM.
PHARMACY AND MEDICAL CONTENT: THE DRUG INFORMATION AND INTERACTION CHECKER PROVIDED
IN THE PHARMACY AREA OF THIS SITE IS PROVIDED BY GOLD STANDARD MULTIMEDIA. ALL OTHER MEDICAL
CONTENT ON THE SITE IS PROVIDED BY THE PRODUCT SUPPLIER, AND NOT BY WALMART.COM. WALMART.COM
AND ITS AFFILIATES DO NOT SPONSOR, RECOMMEND OR ENDORSE ANY THIRD PARTY, PRODUCT, SERVICE OR
INFORMATION PROVIDED ON THIS SITE. ALL CONTENT, INCLUDING DRUG INTERACTION INFORMATION PROVIDED
IN THE PHARMACY AREA OF THIS SITE, AND MEDICAL CONTENT PROVIDED IN ANY AREA OF THIS SITE, IS FOR
EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED, AND SHOULD NOT BE USED, AS A SUBSTITUTE FOR THE
DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL. IT DOES NOT COVER ALL POSSIBLE USES,
PRECAUTIONS, SIDE EFFECTS AND INTERACTIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE
TO YOUR PERSONAL CIRCUMSTANCES AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE
FOR YOU. ALWAYS CONSULT YOUR MEDICAL PROFESSIONAL REGARDING ANY MEDICAL CONDITION AND BEFORE
USING ANY PRESCRIPTION OR OVER THE COUNTER DRUGS. THE INFORMATION AND SERVICES ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU
ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT WALMART.COM AND ITS AFFILIATES AND AGENTS ASSUME NO
RESPONSIBILITY FOR ANY CONSEQUENCE, DAMAGE OR LOSS RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION
OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THIS SITE. YOUR USE OF
THIS SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE.
IN STORES NOW CONTENT: ALL CONTENT, INCLUDING, BUT NOT LIMITED TO, RECIPE AND HEALTH
INFORMATION PROVIDED IN THE IN STORES NOW, OR ANY OTHER PART, OF THIS SITE IS PROVIDED BY A THIRD
PARTY, AND NOT BY WALMART.COM. WALMART.COM AND ITS AFFILIATES DO NOT SPONSOR, RECOMMEND OR
ENDORSE ANY THIRD PARTY, PRODUCT, SERVICE OR INFORMATION PROVIDED ON THIS SITE. ALL CONTENT IS FOR
EDUCATIONAL PURPOSES ONLY. SUCH CONTENT IS INTENDED TO SUPPLEMENT, NOT SUBSTITUTE FOR, THE DIAGNOSIS,
TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL. SUCH CONTENT DOES NOT COVER ALL POSSIBLE SIDE
EFFECTS OF ANY NEW OR DIFFERENT HEALTH PROGRAM. CONSULT YOUR MEDICAL PROFESSIONAL FOR GUIDANCE
BEFORE CHANGING OR UNDERTAKING A NEW DIET OR EXERCISE PROGRAM. ADVANCE CONSULTATION WITH YOUR
PHYSICIAN IS PARTICULARLY IMPORTANT IF YOU ARE UNDER EIGHTEEN (18) YEARS OLD, PREGNANT, NURSING,
OR HAVE HEALTH PROBLEMS.
Top of Page
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE
THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WALMART.COM OR ANY OF
ITS AFFILIATES, 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 WALMART.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.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL WALMART.COM 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.
Top of Page
Baby Center
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES FROM
THIS SITE OR BABYCENTER ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND ARE NEITHER MEDICAL
NOR HEALTHCARE ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER
PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR
UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER
REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. NOTHING OFFERED ON
THIS SITE OR FROM BABYCENTER IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. THE
INFORMATION AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER WALMART.COM,
BABYCENTER NOR ITS AFFILIATES, SUPPLIERS OR USERS ARE ENGAGED IN RENDERING LEGAL, MEDICAL,
COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. WALMART.COM, BABYCENTER AND ITS
AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR
INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION OR SERVICES. WHILE
WALMART.COM AND BABYCENTER STRIVE TO KEEP THE INFORMATION ON THE SITE ACCURATE, COMPLETE,
AND UP-TO-DATE, WALMART.COM, BABYCENTER AND ITS AFFILIATES AND SUPPLIERS CANNOT GUARANTEE,
AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS,
OR TIMELINESS OF THE INFORMATION.
Top of Page
Privacy
You acknowledge that any personal information that you provide
through this Site will be used by Walmart.com in accordance with Walmart.com's
Privacy Policy.
If you purchase an item on Walmart.com sold by a Marketplace Retailer, Walmart.com
shares certain information with that Marketplace Retailer to permit the Marketplace Retailer to
fulfill and ship your order, process returns and provide customer service. Walmart.com requires
Marketplace Retailers to keep your information secure and use it only in accordance with the Marketplace
Retailer's Marketplace Privacy Policy which can be found on that Marketplace Retailer's
Retailer Information page.
Top of Page
General
These Terms of Use represent the complete agreement between
the parties and supersede all prior agreements and representations between them. Headings used in these
Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any
provision of these Terms of Use 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 these Terms of Use shall remain
in full force and effect. The failure of Walmart.com to act with respect to a breach of these Terms of Use by
you or others does not constitute a waiver and shall not limit Walmart.com's rights with respect to such
breach or any subsequent breaches. These Terms of Use shall be governed by and construed under California
law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these
Terms of Use or your use of this Site must be brought in the state or federal courts of California and you
consent to the exclusive personal jurisdiction of such courts.
Top of Page
DMCA Notice
Procedure for Making and Responding to Claims of Copyright
Infringement
It is the policy of Walmart.com to respond to claims of copyright infringement. We will promptly process
and investigate notices of alleged infringement by third parties and will take appropriate actions under the
Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), where
applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to
Walmart.com's Designated Agent. If you believe that your copyrighted work has been infringed under U.S.
copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you
believe that the alleged infringing work was not posted by a third party, please send all notifications of
claimed copyright infringement to Walmart.com's Designated Agent listed below.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must
be a written communication to Walmart.com's Designated Agent that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit
Walmart.com to locate the material;
- Information reasonably sufficient to permit Walmart.com to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address at which the complaining party
may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Walmart.com's Designated Agent for notice of claims of copyright infringement can be reached as follows:
By mail:
Kenneth Oh
Wal-Mart Stores, Inc.
702 S.W. 8th Street
Bentonville, Arkansas 72716-0520
By e-mail:
dmca@walmart.com
This contact information is only for reporting claims of copyright infringement. Contact information for
other matters is provided elsewhere on this Site.
Upon receipt of a valid notification of alleged copyright infringement by a third party, Walmart.com shall
remove or disable access to the material identified in the notice, forward the written notification to the alleged
infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access
to this material.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning
copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the
alleged infringer or by Walmart.com, if injured by relying upon such misrepresentation in removing or
disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against you, you may file a counter notification with the
Designated Agent at the address listed above.
To be effective, a counter notification must be a written communication provided to the Walmart.com's
Designated Agent that includes the following:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location
at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or
disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of
Federal District Court for the judicial district in which the address is located and that you will accept service
of process from the complainant who provided the original notification or an agent of such person
or entity.
If Walmart.com receives a valid counter notification, it shall provide the complainant with a copy of the
counter notification, inform the complainant that it will replace the removed material or cease disabling
access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or
cease disabling access to it in 10 to 14 business days, provided that Wal-Mart.com has not received notice
from the complainant that an action has been filed seeking a court order to restrain the alleged infringer
from engaging in infringing activity relating to the material on Walmart.com's system.
You should be aware that the DMCA provides substantial penalties for a false counter notice filed in
response to a notice of copyright infringement. Claimants who make misrepresentations in their the
counter notification statement may be liable for any damages, including costs and attorneys' fees, incurred
by any copyright owner or copyright owner's authorized licensee, or by Walmart.com, if injured by relying
upon such misrepresentation in replacing the removed material or ceasing to disable access to it.
© 2008 Wal-Mart Stores, Inc. All Rights Reserved
Top of Page
Changes to the Walmart.com Terms of Use
The Terms of Use was last updated on November 24, 2009. Please check our Terms of Use periodically for changes.
Top of Page