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WALMART.COM TERMS OF USE

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Last Updated January 6, 2023

Please review these Terms of Use carefully.

IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS
FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN
INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND WALMART ARE EACH
GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND
APPELLATE REVIEW THAN IN COURT.


1. INTRODUCTION

Welcome to the family of websites and applications provided by Walmart. These
Terms of Use govern your access to and use of all Walmart Sites among other
things. By using the Walmart Sites, you affirm that you are of legal age to
enter into these Terms of Use, or, if you are not, that you have obtained
parental or guardian consent to enter into these Terms of Use and your parent or
guardian consents to these Terms of Use on your behalf. If you violate or do not
agree to these Terms of Use, then your access to and use of the Walmart Sites is
unauthorized. Additional terms and conditions apply to some services offered on
the Walmart Sites (e.g., Walmart Pharmacy, Walmart +, and Gift Cards) or through
other channels. Those terms and conditions can be found where the relevant
service is offered on the Walmart Sites or otherwise and are incorporated into
these Terms of Use by reference.


DEFINED TERMS:

In these Terms of Use:
 * When we say “Walmart,” we mean Wal-Mart.com USA, LLC and Walmart Inc., and
   any subsidiaries of Wal-Mart Stores, Inc. (including any subsidiaries that
   Walmart Inc. may form or acquire in the future), and their affiliates,
   directors, officers, employees and agents. We also refer to Walmart as “we,”
   “us” and “our.” But when we say “Walmart Entities,” we mean Walmart; its
   suppliers, vendors, contractors, and licensors.
 * When we say “Walmart Sites,” we mean www.walmart.com, the Walmart Apps, and
   all related functionality, services, and Content offered by or for Walmart on
   or through www.walmart.com and the Walmart Apps or the systems, servers, and
   networks used to make the Walmart Sites available.
 * When we say “Walmart Apps,” we mean the official “Walmart App” for iPhone and
   Android, which can be downloaded from the iTunes App Store or the Google Play
   Store.
 * When we say “you” or “your” we mean any user (like you!) of any Walmart Site
   and any person who has notice of these Terms of Use.
 * When we say “Terms of Use,” we mean these Terms of Use and all other terms
   and policies posted by Walmart on the Walmart Sites (and any updates by
   Walmart to these Terms of Use and those terms and policies).
 * A few other key terms used in these Terms of Use:
   * When we say “Content,” we mean merchandise information, product
     descriptions, reviews, comments, messages, reviews, communications,
     feedback, submissions, suggestions, questions, and other information, data,
     content, and materials (including page headers, images, text,
     illustrations, formats, logos, hashtags, designs, icons, photographs,
     software programs, music clips or downloads, video clips, and written and
     other materials.)
   * When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that
     you make available in connection with the Walmart Sites.
   * When we say “make available,” we mean post, transit, publish, upload,
     distribute, transmit, display, provide, or otherwise submit or make
     available (including through any part of the Walmart Sites administrated by
     third-party social media platforms (e.g., Facebook or Instagram) that allow
     interaction with the Walmart Sites through the tools offered by such social
     media platforms).
   * When we say “Materials,” we mean Content that Walmart Entities make
     available on or through the Walmart Sites, including In Store Now
     information.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points
throughout these Terms of Use, please note the warranty disclaimers and
limitations on Walmart’s liability explained in Sections 17 and 18,
respectively.

UPDATES: We may update these Terms of Use from time to time by notifying you of
such changes by any reasonable means, including by posting a revised Terms of
Use through the Walmart Sites. Any such changes will not apply to any dispute
between you and us arising prior to the date on which we posted the revised
Terms of Use incorporating such changes or otherwise notified you of such
changes. You agree that it your responsibility to regularly check Walmart.com
for any updated Terms of Use. In addition, by continuing to use or access any of
the Walmart Sites or otherwise engaging with Walmart after we post any changes,
you accept the updated Terms of Use. The “Last Updated” legend above indicates
when these Terms of Use were last changed.


2. YOUR USE OF THE WALMART SITES

You certify that the Content you provide on or through the Walmart Sites is
accurate and that the information you provide on or through the Walmart Sites is
complete. You are solely responsible for maintaining the confidentiality and
security of your account including username, password, and PIN. Walmart is not
responsible for any losses arising out of the unauthorized use of your account.
You agree that Walmart does not have any responsibility if you lose or share
access to your device. Any agreement between you and the issuer of your credit
card, debit card, or other form of payment will continue to govern your use of
such payment method on the Walmart Sites. You agree that Walmart is not a party
to any such agreement, nor is Walmart responsible for the content, accuracy, or
unavailability of any method used for payment. Your account may be restricted or
terminated for any reason, at our sole discretion. Except as otherwise provided
by law, at any time without notice to you, we may (1) change, restrict access
to, suspend, or discontinue the Walmart Sites or any portion of the Walmart
Sites, and (2) charge, modify, or waive any fees required to use any services,
functionality or other content available through the Walmart Sites or any
portion of the Walmart Sites.

 * In connection with the Walmart Sites, you will not:
   * Make available any Content through or in connection with the Walmart Sites
     that is or may be in violation of the content guidelines set forth in
     Section 3.C (Prohibited Content) below.
   * Make available through or in connection with the Walmart Sites any virus,
     worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code,
     file or program that is or is potentially harmful or invasive or intended
     to damage or hijack the operation of, or to monitor the use of, any
     hardware, software, or equipment.
   * Use the Walmart Sites for any commercial purpose, or for any purpose that
     is fraudulent or otherwise tortious or unlawful.
   * Harvest or collect information about users of the Walmart Sites.
   * Interfere with or disrupt the operation of the Walmart Sites or the
     systems, servers, or networks used to make the Walmart Sites available,
     including by hacking or defacing any portion of the Walmart Sites; or
     violate any requirement, procedure or policy of such servers or networks.
   * Restrict or inhibit any other person from using the Walmart Sites.
   * Reproduce, modify, adapt, translate, create derivative works of, sell,
     rent, lease, loan, timeshare, distribute, or otherwise exploit any portion
     of (or any use of) the Walmart Sites except as expressly authorized in
     these Terms of Use, without Walmart’s express prior written consent.
   * Reverse engineer, decompile, or disassemble any portion of the Walmart
     Sites, except where such restriction is expressly prohibited by applicable
     law.
   * Remove any copyright, trademark, or other proprietary rights notice from
     the Walmart Sites.
   * Frame or mirror any portion of the Walmart Sites, or otherwise incorporate
     any portion of the Walmart Sites into any product or service, unless you
     obtain Walmart’s express prior written consent to do so.
   * Systematically download and store any Materials.
   * Use any robot, spider, site search/retrieval application or other manual or
     automatic device to retrieve, index, “scrape,” “data mine” or otherwise
     gather any Materials, or reproduce or circumvent the navigational structure
     or presentation of the Walmart Sites, without Walmart’s express prior
     written consent.
   * Cause injury to any person or entity.
   * Violate any law, rule, or regulation, or these Terms of Use.
 * You will not use the Walmart Sites or Walmart’s name, logo, or brand to (1)
   send any unsolicited or unauthorized Content, including advertising,
   promotional materials, email, junk mail, spam, or other form of solicitation;
   or (2) use any meta tags or other hidden text or metadata utilizing a Walmart
   trademark, logo, URL, or product name without Walmart’s written consent;
 * You will not attempt to do anything, or permit, encourage, assist, or allow
   any third party to do anything, prohibited in this Section, or attempt,
   permit, encourage, assist, or allow any other violation of these Terms of
   Use.


3. CONTENT AND IDEAS


A. SUBMITTING CONTENT AND IDEAS

Walmart provides functionality that enables users to make available Content and
Ideas in connection with the Walmart Sites. Any text in Content should be
written in English. You acknowledge and agree that you are responsible for all
Content and Ideas you make available in connection with any Walmart Site. You
represent and warrant that (1) you have the authority to grant the rights in
such Content and Ideas as set forth in these Terms of Use, including in Section
3(B) below; and (2) such Content and Ideas, and the use of such Content and
Ideas, will not violate any term of these Terms of Use. This means you will be
responsible for the legality, the accuracy, the appropriateness, the
originality, and your rights in any such Content and Ideas.


B. WALMART’S RIGHTS TO USE CONTENT AND IDEAS

You grant to Walmart a royalty-free, perpetual, irrevocable, worldwide,
unlimited, nonexclusive license to use, reproduce, create derivative works from,
modify, publish, edit, translate, distribute, perform and display (publicly or
otherwise) any Content that you make available, in any media or medium, and in
any form, format, or forum now known or hereafter developed. You further agree
that Walmart is free to use any Ideas for any purpose. Walmart may sublicense
its rights in Content and Ideas through multiple tiers of sublicenses. Walmart
is, and will be, under no obligation (1) to maintain any Content or Idea in
confidence; (2) to pay any compensation for any Content or Idea; or (3) to
respond to any Content or Idea. You grant to Walmart the right to use any name
associated with any Content or Idea that you make available to Walmart, although
Walmart has no obligation to exercise such right, or to otherwise provide any
attribution for any Content or Idea.


C. PROHIBITED CONTENT

You agree that you will not make available Content in connection with the
Walmart Sites that:

 * is false, fraudulent, inaccurate, or misleading;
 * contains your full name(s), or any other confidential personally identifiable
   information of yourself or others;
 * violates any local, state, federal, or international laws or is otherwise
   tortious;
 * is protected by or would infringe on the rights of others (including
   Walmart), including any patent, copyright, trademark, trade secret, right of
   publicity or privacy, or any other proprietary right, without the express
   prior written consent of the applicable owner;
 * is obscene, indecent, pornographic, or otherwise objectionable;
 * is derogatory, defamatory, threatening, harassing, abusive, slanderous,
   hateful, or embarrassing to any other person or entity as determined by
   Walmart in its sole discretion;
 * victimizes, harasses, degrades, or intimidates an individual or group of
   individuals on the basis of religion, gender, sexual orientation, race,
   ethnicity, age or disability;
 * is violent or threatening, or promotes violence against, or actions that are
   threatening to, any individual or group;
 * contains advertisements, solicitations, or spam links to other web sites or
   individuals, without prior written permission from Walmart;
 * contains or relates to chain letters or pyramid schemes;
 * impersonates another business, person, or entity, including Walmart, its
   related entities, employees, and agents;
 * violates any policy posted on the Walmart Sites; or
 * is intended to cause harm, damage, disable, or otherwise interfere with the
   Walmart Sites or our partners.


4. MONITORING BY WALMART

Walmart will have the right (but not the obligation), in our sole discretion, to
monitor, evaluate, and analyze Content, and any use of and access to the Walmart
Sites, including to determine compliance with these Terms of Use and any other
operating rules that may be established by Walmart from time to time. Walmart
will also have the right (but not the obligation), in our sole discretion, to
edit, move, delete, or refuse to make available any Content made available
through, the Walmart Sites, for any reason, including violation of these Terms
of Use, whether for legal or other reasons. Despite this right of ours, you are
solely responsible for any Content you make available, and you agree to
indemnify Walmart for all claims resulting from any Content you make available.


5. MATERIALS AVAILABLE ON THE WALMART SITES

Walmart and its suppliers and licensors may make available various Materials.
The Materials are for educational and informational purposes only, and errors
may appear from time to time. Before you act in reliance on any Materials, you
should confirm any facts that are important to your decision. The Walmart
Entities make no warranty as to the reliability, accuracy, timeliness,
usefulness, or completeness of any Materials. If you find an error or notice
something that does not look quite right on the Walmart Sites, we would
appreciate it if you let us know by contacting us at http://walmart.com/help.
(Your feedback is a big part of what helps Walmart to get better at helping
you!)

NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE
INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL
PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS,
SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY
DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING
PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND
YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR
OVER-THE-COUNTER DRUG.

THE WALMART ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING
DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE
MATERIALS.


6. MERCHANDISE

The Sites may make available listings, descriptions, and images of goods and
services (collectively, “Products”). Such Products may be made available by us
or by third parties. We make no representations as to the completeness,
accuracy, reliability, validity, or timeliness of such listings, descriptions,
or images (including any features, specifications, and prices contained on the
Sites). Such information and the availability of any Product are subject to
change at any time without notice.

We have made efforts to accurately display the attributes of Products, including
the applicable colors. However, as the actual colors you see will depend on your
monitor, we cannot guarantee that your monitor's display of any color will
accurately reflect actual product color or finish. In addition, certain weights,
measures, and similar descriptions are approximate and are for convenience only.

We sell Products for children’s use; however, these Products are intended for
sale to adults.

Walmart has no liability to you for content on the Walmart Sites that you find
to be offensive, indecent, or objectionable. Certain videos, movies, TV
programs, video games, computer games, and other Products are labeled with age
restrictions or are intended for individuals of certain ages or “mature
audiences” only. By ordering an age restricted item, you certify that you
satisfy the age restrictions.

Walmart is not responsible for, and cannot guarantee the performance of, goods
and services provided by third parties, including any Walmart Entity,
Marketplace Retailer (as defined below in Section 16.A), our advertisers, or
other third parties to whose sites we link. While our goal is to provide
accurate information, product packaging and material may contain more and/or
different information than that provided on Walmart Sites, including the product
description, country of origin, nutrition, ingredient, allergen, and other
information. Always read labels, warnings, directions, and other information
provided with the product before using or consuming the product. For additional
information about a product, please contact the manufacturer. Information and
statements regarding dietary supplements have not been evaluated by the Food and
Drug Administration and are not intended to diagnose, treat, cure, or prevent
any disease or health condition. If you find a product is not as described, your
sole remedy is to return it in unused condition (excluding products that are not
eligible for return), in accordance with Walmart’s return policy. It is your
responsibility to ascertain and obey all applicable local, state, federal, and
foreign laws (including minimum age requirements) regarding the purchase,
possession, and use of any Product.


7. THIRD PARTY SITES

References on Walmart Sites to any names, marks, products, or services of third
parties, or links to third-party sites or information, are not an endorsement,
sponsorship, or recommendation of the third party or its information, products,
or services. Walmart is not responsible for the content of any third-party
linked site or any link contained in a linked site, including any third-party
social media or mobile app platform with which the Walmart Sites operate or
otherwise interact, nor is Walmart responsible for the acts or omissions of any
operator of any such site or platform. Your use of any such third-party site or
platform is at your own risk, and will be governed by such third party's terms
and policies (including its privacy policy).


8. PLACING AN ORDER


A. ORDER ACCEPTANCE AND BILLING

You represent and warrant that you have the right to use any credit card or
other means of payment that you provide to us. By providing payment card
information to us, you authorize us to store and use the card as a payment
method for purchases made through your Walmart.com account, including on Walmart
affiliated sites and properties which you access via your Walmart.com account
credentials. Walmart participates in account update services offered by some
banks. If your bank participates in account updater services, these services
will automatically update your card number or expiration date in our system when
it changes. If you do not want to have your cards automatically updated, you can
opt out of these services by contacting your issuing bank. All billing
information you provide to us must be truthful and accurate. Providing any
untruthful or inaccurate information is a breach of these Terms of Use and may
result in cancellation of your order. Prior to accepting an order we may also
request additional information from you. Verification of information may be
required prior to the acknowledgment or completion of any purchase. We reserve
the right to refuse or cancel an order for any reason including limitations on
quantities available for purchase, inaccuracies, or errors in product or pricing
information, or problems identified by our credit and fraud avoidance
department. If your order is canceled after your credit card (or other payment
account) has been charged, we will issue a credit to your credit card (or other
applicable payment account) in the amount of the charge. We will attempt to
contact you if all or any portion of your order is canceled or if additional
information is required to accept your order. Walmart may request a
pre-authorization for some orders placed online with a credit or debit card.
This pre-authorization will not be billed to you; however, your card issuer may
hold this amount for a short period. Your card issuer determines the length of
time the pre-authorization is held. We do this to ensure that the card details
are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to
accept and pay for the Products, as well as all shipping and handling charges
and applicable taxes. You will not be charged for most orders until the order
has shipped. Some exceptions (when you will be charged at the time your order is
placed) are: (i) orders or preorders paid for with a Gift Card, eGift Card, or
PayPal account; and (ii) orders paid using the in-store “Cash” payment method.

Walmart reserves the right, including without prior notice, to limit the
quantity of items purchased per person, per household, or per order for any
reason. We will attempt to notify you should such limits be applied. Walmart
also reserves the right, at our sole discretion, to prohibit sales to dealers or
resellers. For purposes of these Terms of Use, “reselling” will be defined as
purchasing or intending to purchase any Product(s) from Walmart for the purpose
of engaging in a commercial sale of the same Product(s) to a third party.

In addition to any other remedies available to it, Walmart may in its sole
discretion restrict or terminate your account, or cancel or refuse orders for
violations of, or abuse of the Walmart returns policy.


B. PRICING INFORMATION; AVAILABILITY

Walmart cannot confirm the price or availability of an item until after your
order is placed. Pricing or availability errors may occur on the Walmart Sites
or through Marketplace Retailers. The receipt of an order confirmation does not
constitute our acceptance of an order or our confirmation of an offer to sell a
Product. Walmart reserves the right to cancel any orders containing pricing or
availability errors, with no further obligations to you, even after your receipt
of an order confirmation or shipping notice from Walmart. Walmart may, at its
discretion, either contact you for instructions or cancel your order and notify
you of such cancellation. Pricing for products may be different on the Walmart
Sites or from prices available in Walmart stores or on Walmart Apps.


C. PROMOTIONAL CODES

Promotional codes are limited in nature and may expire or be discontinued with
or without notice. Promotional codes are void where prohibited by law.
Promotional codes may not be copied, sold, or otherwise transferred. They are
not redeemable for cash and are subject to cancellation or change at any time
for any reason without notice. We reserve the right in our discretion to impose
conditions on the offering of any promotional code.


D. GIFT CARDS

The risk of loss and title to any gift cards passes to the purchaser upon our
electronic transmission to the recipient or delivery to the carrier, whichever
is applicable. Your purchase and use of gift cards is subject to the full terms
and conditions related to gift cards, available at
https://walmart.com/help/article/Gift-Card-Terms-and-Conditions/9881a4e10ab24dbe8f406df5c75acefd.


9. SHIPPING AND DELIVERY

Products will be shipped to an address designated by you, if applicable, so long
as such address is complete and complies with the shipping restrictions
contained on the Walmart Sites. All transactions are made pursuant to a shipping
contract, and, as a result, risk of loss and title for Products pass to you upon
delivery of the Products to the carrier.

Delivery of Products purchased from the Walmart Sites to addresses outside the
United States is limited. Some Products also have restricted delivery within the
United States. Some Products may be available for pick up at physical Walmart
store locations. Estimated delivery times are determined based on the method of
shipping chosen when Products are purchased and the destination of the Products.


10. EXPORT POLICY

You acknowledge that (a) goods licensed or sold on the Walmart Sites, and (b)
any software or technology purchased, downloaded, or used from the Walmart
Sites, 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, and you agree to comply with all applicable laws. You agree,
represent, and warrant that no Materials will be accessed from, downloaded in,
released in, carried to, transferred to, transshipped through, exported to, or
re-exported (collectively “transferred”) to any territory (or national resident
thereof), person, entity, or organization to which such Materials could not be
transferred directly from the United States or by a U.S. person without a
license, including without limitation to any person on the U.S. Treasury
Department’s List of Specially Designated Nationals or the U.S. Department of
Commerce’s Denied Persons List or Entity List.


11. INTELLECTUAL PROPERTY

The Walmart Sites and all Materials, and all copyrights, trademarks, trade
dress, and other intellectual property rights there (collectively, the “IP”) are
owned or controlled by or licensed to Walmart, and are protected by U.S. and
international trademark, copyright, and other intellectual property laws.
Materials are licensed (not sold) to end users. Subject to your compliance with
these Terms of Use, and solely for so long as you are permitted by Walmart to
use the Walmart Sites, you may access, view, download, and print the Materials
for your personal, non-commercial use only; provided, however, that you (1)
retain all copyright, trademark, or other proprietary designations contained on
all Materials; (2) do not modify or alter the Materials in any way; and (3) do
not provide or make available the Materials to any third party in a commercial
manner. In addition, subject to your compliance with these Terms of Use, and
solely for so long as you are permitted by Walmart to use the Walmart Apps, we
permit you, on a limited, non-exclusive, revocable, non-transferable,
non-sublicensable basis, to install and use the Walmart Apps on a mobile device
that you own or control, solely for your personal, non-commercial use. If you
fail to comply with any of the terms or conditions of these Terms of Use, you
must immediately cease using the Walmart Apps and remove (that is, uninstall and
delete) the Walmart Apps from your mobile device.

No license, right, title, or interest in the Walmart Sites or any Materials is
transferred to you as a result of your use of the Walmart Sites or your
accessing, viewing, downloading, or printing of the Materials. 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 or the Walmart
Sites. The Walmart Sites and Materials may be used only as a personal shopping
resource. Any other use, including the reproduction, modification, distribution,
transmission, republication, display, or performance, of the Walmart Sites and
the Materials is strictly prohibited. The compilation (meaning the collection,
arrangement, and assembly) of the Walmart Sites and Materials is the exclusive
property of Walmart and is also protected by U.S. and international copyright
laws.

WALMART, WAL-MART, the WALMART.COM names and logos, and all other graphics,
logos, page headers, button icons, scripts, and service names included in or
made available through any of the Walmart Sites are trademarks or trade dress of
Walmart in the U.S. and other countries. All other marks are the property of
their respective companies.


12. PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others. If you believe that your work
has been copied and is accessible on the Walmart Sites in a way that constitutes
copyright infringement, please see our DMCA Procedure (available at
https://walmart.com/help/article/Claims-of-Intellectual-Property-Infringement/6171b9ac00384f3f920aa14a9c08bdac)
for instructions on how to contact us to report possible copyright infringement.


13. PRIVACY

You acknowledge that any personal information that you provide through the
Walmart Sites will be used by Walmart in accordance with Walmart’s Privacy
Policy (available at
http://corporate.walmart.com/privacy-security/walmart-privacy-policy), which may
be updated by Walmart from time to time. If you purchase an item on Walmart.com
sold by a Marketplace Retailer or a Walmart supplier, Walmart may share certain
information with that Marketplace Retailer or supplier to permit the Marketplace
Retailer or supplier, as applicable, to fulfill and ship your order, process
returns, and provide customer service.

You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular,
Verizon, or any other branded wireless operator) to disclose to Walmart and its
third-party service providers your mobile number, name, address, email, network
status, customer type, customer role, billing type, mobile device identifiers
(IMSI and IMEI) and other subscriber status and device details, if available,
solely to verify your identity and prevent fraud for the duration of the
business relationship. See the Walmart Privacy Policy for how Walmart treats
your data.


14. THIRD-PARTY SOFTWARE & LICENSING NOTICES

The Walmart Sites may include certain third-party technologies and open source
materials (collectively, “Third-Party Technology”). Your use of such Third-Party
Technology is subject to these Terms of Use, as well as well the applicable
terms and conditions of such third parties, set forth at
https://walmart.com/help/article/Third-party-Software-and-Licensing-Notices/a5b3802e3c424fc9ac6872ea93e1c4c5
which is incorporated in these Terms of Use by reference.


15. PROMOTIONS

Any sweepstakes, contests, raffles, surveys, games, or similar promotions
(collectively, “Promotions”) made available through the Walmart Sites may be
governed by rules that are separate from or supplement these Terms of Use. If
you participate in any Promotions, please review the applicable rules as well as
our Privacy Policy. If the rules for a Promotion conflict with these Terms of
Use, the Promotion rules will govern.

TRIPLE10 promo code: Valid only for your first 3 orders with Walmart pickup &
delivery services. Minimum order of $50. Does not apply to alcohol purchases.
Customer responsible for all applicable taxes. Offer subject to change or expire
without notice.

TRIPLE20 promo code: Select customers only. Valid only for your next 3 orders
with Walmart pickup & delivery services. Minimum order of $50. Does not apply to
alcohol purchases. Customer responsible for all applicable taxes. Offer subject
to change or expire without notice.


16. TERMS APPLICABLE TO SPECIAL WALMART SERVICES


A. WALMART MARKETPLACE

Walmart operates an online marketplace program on the Walmart Sites (available
at https://marketplace.walmart.com/) which enables Marketplace Retailers to sell
their products alongside Walmart products and, once an order is placed, to ship
such Marketplace Retailers’ products directly to the customer (the “Walmart
Marketplace”). Any use of the Walmart Marketplace is subject to the following
additional terms:

 * When we say “Marketplace Retailer,” we mean any entity or retailer that sells
   goods or services in the Walmart Marketplace through the Walmart Sites, uses
   any order processing, fulfillment, shipping, or other services related to the
   Walmart Marketplace provided by or for Walmart, or uses any platform, portal,
   web service, application, interface, or other tool provided by or for Walmart
   in connection with the Walmart Marketplace.
 * By purchasing a product from any of our Marketplace Retailers, you
   acknowledge that all Walmart Marketplace orders will be fulfilled by the
   third party Marketplace Retailer and not Walmart. The Marketplace Retailer
   (and not Walmart) will be responsible for all processing, shipping, returns,
   and customer service related to your Walmart Marketplace order. Products
   purchased from a Marketplace Retailer can only be returned to that
   Marketplace Retailer in accordance with its return policy. Each Marketplace
   Retailer’s shipping information, return policy, customer service information,
   and Marketplace Privacy Policy can be found on that Marketplace Retailer’s
   Seller Information page. For other terms that apply to Walmart Marketplace,
   including important notices and disclosures, see About Marketplace.
 * To the fullest extent provided by applicable law, Walmart has no
   responsibility or liability for any Marketplace Retailer, their products, or
   representations.


B. IOS WALMART APP

In addition to your agreement with these Terms of Use, the following provisions
apply with respect to your use of any version of the Walmart App compatible with
the iOS operating system of Apple Inc. (“Apple”):

 * Apple is not a party to these Terms of Use and does not own and is not
   responsible for any Walmart App. Apple is not providing any warranty for the
   Walmart App except, if applicable, to refund the purchase price for it. Apple
   is not responsible for maintenance or other support services for the Walmart
   App and will not be responsible for any other claims, losses, liabilities,
   damages, costs, or expenses with respect to the Walmart App, including any
   third-party product liability claims, claims that the Walmart App fails to
   conform to any applicable legal or regulatory requirement, claims arising
   under consumer protection or similar legislation, and claims with respect to
   intellectual property infringement. Any inquiries or complaints relating to
   the use of the Walmart App, including those pertaining to intellectual
   property rights, must be directed to Walmart in accordance with the “How to
   Contact Us” section.
 * The license you have been granted in these Terms of Use is limited to a
   non-transferable license to use the Walmart App on an Apple-branded product
   that runs Apple’s iOS operating system and is owned or controlled by you, or
   as otherwise permitted by the Usage Rules set forth in Apple’s App Store
   Terms of Service. In addition, you must comply with the terms of any
   third-party agreement applicable to you when using the Walmart App, such as
   your wireless data service agreement.
 * You represent and warrant that (1) you are not located in a country that is
   subject to a U.S. Government embargo, or that has been designated by the U.S.
   Government as a “terrorist supporting” country; and (2) you are not listed on
   any U.S. Government list of prohibited or restricted parties.
 * Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms
   of Use and, upon your acceptance of the terms and conditions of these Terms
   of Use, will have the right (and will be deemed to have accepted the right)
   to enforce these Terms of Use against you as a third-party beneficiary
   thereof; notwithstanding the foregoing, Walmart’s right to enter into,
   rescind or terminate any variation, waiver, or settlement under these Terms
   of Use is not subject to the consent of any third party.


C. WALMART PAY

“Walmart Pay” is a feature built into the Walmart App that allows you to use
your smartphone to pay for in-store purchases. Any use of the Walmart Pay
service is subject to the following additional terms:

 * By using Walmart Pay or otherwise by agreeing to these Terms of Use, you
   agree to receive an eReceipt in lieu of a paper receipt for all purchases
   made through Walmart Pay. You must register through a Walmart.com account to
   receive eReceipts (see below for more information).
 * There is no charge from us to use Walmart Pay, but your data service
   provider’s message and data charges may apply. Except as otherwise provided
   by law, we may block, restrict, suspend or terminate your use of Walmart Pay
   at any time, without notice, and in our sole discretion.
 * All Walmart policies applicable to sales occurring at a store location,
   including those regarding Ad Match, Price Matching, Coupon use, Returns, and
   Exchanges, apply to purchases made through Walmart Pay. We reserve the right
   to limit the availability of Walmart Pay during specific times, for specific
   items, or for certain events or promotions. Some products or services may not
   be eligible for purchase using Walmart Pay, or may require additional
   verification prior to completion of purchase through Walmart Pay. These
   products and services may include but are not limited to: tobacco, alcohol,
   firearms, optical or photo products and services, or products requiring a
   service agreement such as wireless, automotive, or financial products.
 * Your device’s camera must be enabled in order to use Walmart Pay to complete
   the checkout process and to use additional features. Enabling the Walmart App
   to utilize location services on your device may provide you with access to
   other Walmart Pay features. You can turn off location services at any time on
   your device.


D. ERECEIPTS

Certain Walmart Sites may permit or require the use of electronic receipts
(“eReceipt”) for purchases made by you through a mobile device or other
electronic device. Your eReceipt is a digital copy of your Walmart in-store
purchase receipt. Any use of the Walmart eReceipt service is subject to the
following additional terms:

 * To register for eReceipts, you must first have an account with Walmart.com
   and then validate your mobile number via a text message. Walmart.com accounts
   are subject to these Terms of Use. If you initiate the registration process
   for eReceipts at the cash register, you will be required to enter a mobile
   number into the PIN pad and then validate your mobile number via a text
   message. By registering for Walmart eReceipts, you consent to receive an
   automated text message and accept any message and data rates that may apply
   for receipt of a text message.
 * There is no charge from us to use Walmart eReceipts, but your data service
   provider’s message and data charges may apply. Walmart and text message
   carriers are not liable for delayed or undeliverable messages.
 * All information provided to Walmart by users of the Walmart eReceipts will be
   subject to our Privacy Policy.
 * We may alter, suspend, or terminate your use of Walmart eReceipts at any time
   at our discretion, without notice to you. We are not responsible for any
   losses associated with your inability to access the Internet and/or Walmart
   eReceipts. Requesting an eReceipt at the register will not automatically
   submit your eReceipt. Use of the Walmart eReceipts service is subject to all
   applicable laws and regulations.


E. WALMART PICKUP AND DELIVERY (FORMERLY, ONLINE GROCERY SERVICES)

Use of Walmart Pickup and delivery is subject to the following additional terms:

i. Orders

 * Once you have placed an order for Walmart Pickup and delivery, we will send
   you an order acknowledgment by email setting out what you have ordered. This
   is not an order confirmation or acceptance from us.
 * There may be a minimum order value, which may change from time to time. In
   addition to the price of goods, a delivery charge as shown at checkout, if
   applicable, will also be payable by you. All prices quoted are exclusive of
   tax and you will see estimated taxes and fees when you place the order. The
   final taxes and fees will be calculated on the day your order is picked and
   delivered, or picked up, as applicable. In the event your order must be
   fulfilled using products of different weight or volume than what you ordered,
   you will be charged only for the actual weight or volume delivered.
 * Due to shipment and delivery times, there are limitations on when changes or
   cancellations to orders can be made. These limitations will be provided when
   you place your order. For Pickup and delivery orders that are delivered to
   you, title to the goods purchased by you and the related risk of loss on
   these items passes to you upon delivery of the items to the carrier.
 * We may, in our discretion, provide you with a refund in certain
   circumstances. If you are not satisfied with your order, please contact the
   Walmart Pickup and delivery Contact Center at 1-800-924-9206.
 * We will not provide you a refund for certain goods which by nature cannot be
   returned. Such items include items which cannot be resold for health and
   hygiene reasons once unwrapped (for example body jewelry, mattresses,
   bedding, certain items of clothing, personal grooming products, medicines,
   and certain baby products, etc.).
 * Notwithstanding the foregoing, all refunds will be subject to our discretion.
 * We aim to deliver your goods within the delivery or pickup window you
   selected when placing your order, but do not guarantee that goods will be
   delivered or available for pickup on or by a certain date. Walmart will not
   be liable for delivering the goods outside of the requested delivery or
   pickup slot or failing to deliver or make available for pickup all or any of
   the goods in your order.
 * We can only deliver to an address stored in your address book in your
   account.

ii. Walmart Pickup and delivery Pricing

 * • Pricing for Walmart Pickup and delivery items will be the same prices as if
   you shopped in the store that packs and delivers the items. If an item's
   price changes between the time you place your order and the day your order is
   packed for delivery, we will charge you the lower price. If you have allowed
   substitutions for your order, you will be charged the price for items
   received. Please note that due to differences in distribution, regional
   competition, and other factors, prices may vary between stores, and so the
   prices you see online may not match all stores, only the store where your
   order is packed. Walmart Pickup and delivery does not match prices from other
   online or physical stores, or Walmart stores other than the one where your
   items are picked and packed.

iii. Walmart Pickup and delivery Promotion Codes

 * Walmart Pickup and delivery Promotion Codes (“Grocery Promo Codes”) are valid
   only on orders placed for Walmart online grocery services, subject to the
   terms of this Section. Your use of a Grocery Promo Code indicates your
   agreement to be bound by these Terms of Use and any Grocery Promo Code terms
   on the promotion offer itself. Walmart will only honor a Grocery Promo Code
   if it is used in accordance with all applicable terms.
 * Only promotional codes issued by Walmart can be used for Walmart Pickup and
   delivery services. Grocery Promo Codes cannot be used in Walmart stores.
   Grocery Promo Codes issued by Walmart are, and will remain, the property of
   Walmart and are not transferable, cannot be resold, and have no cash value
   unless otherwise stated. Grocery Promo Codes may not be used for alcohol
   purchases.
 * Grocery Promo Codes can be added to your Walmart Pickup and delivery order by
   entering the code at checkout or by selecting a saved offer in checkout. To
   apply a Grocery Promo Code to your order, you must select it in the “Review
   Order” section at checkout. Use of a Grocery Promo Code may be subject to you
   providing proof of entitlement to use the Grocery Promo Code.
 * All Grocery Promo Codes have an expiration date after which they cannot be
   used for any order. Grocery Promo Code values may be adjusted if the total
   discount value is greater than the value of your order.
 * We reserve the right to withdraw or cancel any Grocery Promo Code at any
   time, either as a whole, or for specific goods or delivery areas. If this
   happens, then the Grocery Promo Codes may not be used for any orders placed
   after the date of withdrawal or cancellation. We reserve the right to reject
   or cancel the use of a Grocery Promo Code where fraud or misuse is suspected.
   You will have no claim against Walmart in connection with such rejection or
   cancellation of a Grocery Promo Code. Walmart will not be liable to any
   customer or household for any financial loss arising out of the cancellation
   or withdrawal of any Grocery Promo Code or any failure or inability of a
   customer to use a Grocery Promo Code for any reason.
 * Grocery Promo Codes may not be copied, reproduced, published, or distributed
   directly or indirectly in any form for use by anyone other than the original
   recipient. By using a Grocery Promo Code, you warrant that you are the duly
   authorized recipient of it.


F. WALMART PLUS MEMBERSHIP

Walmart Plus Membership is subject to terms of use that can be found here:
https://www.walmart.com/help/article/walmart-terms-of-use/de696dfa1dd4423bb1005668dd19b845


G. WALMART DIGITAL PHOTO CENTER

Any use of the Walmart Digital Photo Center (available at www.walmart.com/Photo)
is subject to the following additional terms:

 * Walmart claims no ownership rights to the photos, photo files, albums,
   projects, captions, or prints (collectively defined as “Photos”), that you
   place in your Walmart Digital Photo Center Account. However, by uploading
   Photos into your Walmart Digital Photo Center Account, you agree to waive all
   moral rights to those images. In addition, you grant to Walmart a
   nonexclusive, worldwide, royalty-free, sublicensable license, so we can
   download, upload, copy, print, display, reproduce, modify, publish, post,
   transmit, distribute, and otherwise make available the photos included in
   your Walmart Digital Photo Center Account for the following purposes: (1)
   displaying Photos to the people you select; (2) fulfilling orders; (3)
   improving the Walmart Digital Photo Center service and enabling it to work as
   designed, including by using automated systems and algorithms to analyze and
   customize your Photos; and (4) developing new technologies and services for
   Walmart. We will not use or modify your Photos for any purposes other than
   the foregoing without obtaining your express permission.
 * You are responsible for monitoring and creating backup copies of the Photos
   stored in your account. Walmart Digital Photo Center is not provided to you
   under any warranty. Walmart will not be liable for any damage to your photos,
   albums, rolls, or uploads, including but not limited to loss, deletion or
   alteration.
 * Walmart may terminate your service or access to the Walmart Digital Photo
   Center and delete any and all information, including but not limited to your
   Photos, without notice, for any reason including, but not limited to (1) your
   violation of these Terms of Use or other policies set by Walmart elsewhere on
   the Walmart Sites; (2) online conduct that Walmart believes is harmful to
   other customers, the business of Walmart, or other third-party information
   providers; and (3) failure to access your account for one (1) year.
 * Walmart reserves the right to disclose any Photos made available by you or
   any other customers as necessary to satisfy any law, regulation, or
   governmental request, or to edit, refuse to submit or to remove any Photos,
   in whole or in part, that in Walmart’s judgment are unsuitable or in
   violation of these Terms of Use or other policy set by Walmart elsewhere on
   the Walmart Sites. Walmart may delete, move, and edit Photos for any reason,
   at any time, without notice.
 * By making available Photos, you warrant that you are the sole author and
   owner of the Photos, or that you have obtained all required releases or
   permissions to permit copying, printing, licensing of the Photos, and your
   use of the Walmart Digital Photo Center, as set forth in these Terms of Use.
 * Walmart reserves the right to require that you obtain a signed copyright
   release form from the photographer or studio for photographs that are signed,
   stamped, or otherwise identified by any photographer or studio as copyrighted
   material, or any photograph that appears to have been taken by a professional
   photographer or studio, even if it is not marked with any sort of copyright.
   In such cases, negatives or digital images of a copyrighted image will be
   returned to you unprinted and you will be provided instructions on how to
   present Walmart with a signed copyright release. Copyright owner release
   forms and copyright permission release forms are available in-store at the
   Walmart Digital Photo Center.
 * Walmart will not assist in the copying of any state or federal document,
   including but not limited to driver's licenses, passports, and social
   security cards.
 * As a convenience to Walmart customers, Walmart may make third-party software
   available through the Walmart Digital Photo Center either through physical
   distribution or by download. To use such software, you will agree to the
   terms and conditions imposed by the third party provider. Unless otherwise
   stated in any specific agreement, the agreement to use such software will be
   solely between you and the third party provider.
 * Walmart uses commercially reasonable efforts to maintain the availability of
   the Walmart Digital Photo Center 24 hours a day, 7 days a week, and provide
   photo processing within the time frame communicated to you. However, Walmart
   will not be liable to you for any unexpected outage or disruption of service.
   One-hour photo services are subject to limitations on store equipment and
   processing capacity, and actual pick-up times may vary.
 * Making available any Photos to Walmart for processing, printing, storage,
   transmission or other handling constitutes an agreement by you that any
   damage to your Photos or computer system, or any loss of data, by Walmart,
   its subsidiaries, employees, or agents, even if caused by negligence or other
   fault, will only entitle you to replacement with a like amount of storage and
   processing. Except for replacement, to the fullest extent provided by
   applicable law, the handling of any Photos is not under warranty or
   liability, and recovery for any incidental or consequential damages is
   excluded.
 * You understand and agree that any Content, including but not limited to
   Photos and software, downloaded or otherwise obtained through the use of the
   Walmart Digital Photo Center is done at your own discretion and risk and that
   you will be solely responsible for any damages to your computer system or
   loss of data that may result in the download or upload of such material. Your
   use of the Walmart Digital Photo Center may expose you to Photos you may feel
   objectionable. You take sole responsibility for such exposure.


H. RESERVED.

I. Walmart Registry for Good

Any use of the Walmart Registry for Good (available at
https://walmart.com/registry/registryforgood/welcome) is subject to the
following additional terms:

i. Eligibility

 * Participation in Registry for Good Site is limited to Walmart.com accounts
   that have been associated with an eligible recognized 501(c)(3) organization
   (“Charity”) as verified by Walmart or its third party service provider. Each
   Walmart.com account may create only one Registry for Good.
 * Charities may be required to verify their compliance with these Terms,
   including verification that the Charity meets, or continues to meet the
   definition of a charity. Walmart may monitor the Charity’s website or other
   information to verify its compliance with these Terms.

ii. Solicitation

 * Charities may elect to make their Registry for Good searchable on the
   Registry for Good Site or may elect to make the registry private and
   available only to those who have a link.
 * Charities are solely responsible for compliance with all solicitation
   regulations under each jurisdiction where they promote their Registry for
   Good, or the Registry for Good Site or any portion thereof.
 * Charities acknowledge and agree that they are not entitled to receive, and
   Walmart will not provide, any identifiable customer information in respect of
   purchases made from any Registry for Good. Walmart will not promote any
   Charity or its Registry for Good.

iii. List Address

 * Walmart.com customers may purchase items selected by a Charity for its
   registry and choose to direct Walmart to deliver them to the address
   designated by the Charity (“List Address”) or customers may choose to deliver
   the items to the Charity directly.
 * List Addresses provided by the Charity must be owned or leased by the
   Charity. Charities must promptly update their List Address (and any other
   information requested by Walmart) if the Charity address changes or it ceases
   holding a valid ownership or leasehold interest in the List Address. An
   agreement with a mail delivery agent or delivery service is not considered a
   leasehold for purposes of these Terms. By participating in the Registry for
   Good program, Charities consent and allow Walmart or any of its affiliates to
   share the List Address with any seller that offers items on your Registry for
   Good that a customer elects to purchase and send to the Charity List Address.

iv. Charity Promotion

 * Charities may only promote or link to their Registry for Good on their own
   website, user-generated content published through a social media account, or
   page belonging to the Charity, offline mailings, or email correspondence, and
   may only use such of Walmart’s trademarks or logos, links to the Registry for
   Good Site, or other Walmart Content Walmart may make available to the
   Charity, in all cases in accordance with the following restrictions:
   * Charities may not promote or link to the Registry for Good, or the Registry
     for Good Site, in a way that is misleading, illegal, or confusing to
     viewers or that does not accurately represent the Registry for Good
     program.
   * Charities may not state, or imply that Walmart funds, endorses, supports or
     is otherwise engaged in business with a Charity.
   * Charities may not request, collect, obtain, store, cache, or otherwise use
     any account information of, or used by, other Walmart customers.
   * Charities may not modify, redirect, suppress, or substitute the operation
     of any button, link, or other feature of the Walmart Content or the
     Registry for Good Site.
   * Charities may not frame your Registry for Good or the Registry for Good
     Site, or any part of it, on your own website, social media account,
     mailings or correspondence. Displaying a link in accordance with these
     Terms will not be considered framing.
 * Walmart reserves the right to terminate any Charity participation in the
   Registry for Good, or suspend access to the Registry for Good site for
   violation of these Terms, in addition to any other remedies available to
   Walmart under these Terms or applicable law.


17. DISCLAIMER OF WARRANTIES

THE WALMART SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES,
FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THE WALMART SITES, AND/OR WALMART STORE LOCATIONS, ARE PROVIDED BY
WALMART ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WALMART ENTITY MAKES ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE WALMART SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES,
FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO
THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WALMART ENTITIES DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE
FOREGOING, THE WALMART ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, FOR ANY MERCHANDISE OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST
EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE WALMART SITES IS AT YOUR SOLE
RISK. THIS SECTION 17 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED
BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY WALMART TO YOU. THIS DISCLAIMER
CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE
WALMART SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE
OF THE WALMART SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE
ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, NO WALMART ENTITY IS RESPONSIBLE FOR ANY LOSS OR
DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR
DOWNLOAD FROM THE WALMART SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO
YOU.


18. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE
LAW, WALMART ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY
CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT,
STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED
REPRESENTATIVE OF A WALMART ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF
THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE
LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY
ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF
GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR
MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK
OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF,
LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO
WALMART ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU
IN CONNECTION WITH YOUR USE OF THE WALMART SITES DURING THE SIX (6) MONTH PERIOD
PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY
APPLICABLE LAW, NO WALMART ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER,
OR OTHER USER OF THE WALMART SITES.


19. INDEMNIFICATION

You agree to defend (at Walmart’s option), indemnify, and hold the Walmart
Entities harmless from and against any and all liabilities, claims, damages,
costs, and expenses, including attorneys’ fees and costs, arising from or
related to your misuse of the Walmart Sites or any breach by you of these Terms
of Use. Walmart reserves the right, at our expense, to assume exclusive defense
and control of any matter otherwise subject to indemnification by you and, in
any case, you agree to cooperate with Walmart if and as requested by Walmart in
the defense and settlement of such matter.


20. DISPUTES, ARBITRATION, AND APPLICABLE LAW

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL
RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

 1. Arbitration Agreement.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL
DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE
RELATIONSHIP BETWEEN YOU AND WALMART, INCLUDING ANY PRODUCTS OR SERVICES OFFERED
OR SOLD BY WALMART OR THE WALMART ENTITIES, WHETHER BASED IN CONTRACT, TORT,
STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED
THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD
OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF
USE, YOU AND WALMART AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO
HAVE A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration
Agreement in these Terms of Use.

 2. Class Action and Mass Action Waiver.

YOU AND WALMART AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT
WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and Walmart each agree to waive the
right to have any dispute or claim subject to the Arbitration Agreement brought,
heard, administered, resolved, or arbitrated as a class arbitration, class
action, collective action, or Mass Action to the maximum extent permitted by
law. “Mass Action” means a situation in which a party is represented by a law
firm or other representative, or a collection of law firms or other
representatives, that has initiated more than one hundred (100) arbitration
Demands with common questions of law or fact against Walmart within 180 days of
initiating your arbitration Demand. This paragraph may be referred to as the
“Class Action and Mass Action Waiver” in these Terms of Use. Nothing in these
Terms of Use precludes you from bringing issues to the attention of federal,
state, or local government agencies and, if the applicable law allows, such
agencies may seek relief against Walmart for you.

 3. Initiating a Demand for Arbitration.

Any arbitration required by the Arbitration Agreement shall be initiated by You
or Walmart by sending the other a written demand for arbitration (“Demand”) only
via first-class mail, FedEx, or UPS within the statute of limitations period.
Your Demand shall be delivered to: Walmart Inc. Legal Department, 702 SW 8th
Street, Mailstop 0215, Bentonville, AR 72716. The Demand must include (i) the
name, telephone number, mailing address, and email address of the person or
entity seeking arbitration; (ii) a statement of the legal claims asserted and
the factual basis for those claims; (iii) a description of the remedy sought and
an accurate, good-faith calculation of the amount in controversy; (iv) the
original personal signature of the party seeking arbitration; and (v) the
original personal signature of any legal counsel or other representative
purporting to represent the party seeking arbitration. For purposes of this
paragraph, “original personal signature” does not include any digital, scanned,
electronic, copied, or facsimile signature. An original personal signature on
the Demand certifies the following: (i) the Demand is not being presented for
any improper purpose, such as to harass, cause unnecessary delay, or needlessly
increase the cost of litigation; (ii) the claims and other legal contentions are
warranted by existing law or by a non-frivolous argument for extending,
modifying, or reversing existing law or for establishing new law; and (iii) the
factual contentions have evidentiary support or, if specifically so identified,
will likely have evidentiary support after a reasonable opportunity for further
investigation or discovery. The original personal signature by the party seeking
arbitration shall verify under penalty of perjury that the factual statements
contained in the Demand are true and correct. Compliance with this paragraph
tolls any applicable statute of limitations as to any dispute or claim subject
to the Arbitration Agreement that is stated in the Demand.

 4. Filing a Demand for Arbitration.

A party seeking arbitration of any dispute or claim subject to the Arbitration
Agreement shall submit a copy of the Demand to the American Arbitration
Association (“AAA”) sixty (60) or more days after the Demand is initiated
pursuant to Section 20(C) of these Terms of Use. The arbitration will be
administered by the AAA pursuant to the current AAA Consumer Arbitration Rules,
except to the extent modified by these Terms of Use. The AAA rules and
instructions are available on the AAA website at www.adr.org/consumer.

 5. Conduct of Arbitration.

In any arbitration of a dispute or claim that is subject to the Arbitration
Agreement:

 1. You or Walmart may file such dispositive motions as would be permitted by
    the Federal Rules of Civil Procedure without obtaining permission from the
    arbitrator. Upon the filing of any dispositive motion, the arbitrator may
    stay all further action and deadlines in the arbitration until deciding such
    motion.
 2. The parties shall have the right to conduct such discovery from the opposing
    party or any third party that is proportional to the needs of the claim or
    dispute, considering the importance of the issues at stake, the amount in
    controversy, the importance of the discovery in resolving the issues, and
    whether the burden or expense of the proposed discovery outweighs its likely
    benefit. Proportionality shall be decided by the arbitrator when requested
    by either party.
 3. The arbitrator shall conduct any calls, conferences, or hearings by
    teleconference or videoconference, unless the arbitrator determines that an
    in-person hearing is appropriate. Any in-person hearing will be held at a
    location that is reasonably convenient. You and an employee of Walmart shall
    attend all arbitrator calls, conferences, and hearings.
 4. A party may make a written offer of judgment at least seven (7) days before
    the date set for the arbitration hearing.
 5. If the arbitrator finds that a party’s claim, counterclaim, or appeal was
    frivolous, asserted in bad faith, or pursued for purposes of harassment, the
    arbitrator shall award the opposing party its attorneys’ fees, costs, and
    expenses and all amounts charged by AAA for the arbitration.
 6. The arbitrator will follow these Terms of Use and the law. The arbitrator
    shall not have the authority to commit errors of law or legal reasoning. The
    arbitrator may award relief only in favor of the individual party seeking
    relief and only to the extent necessary to provide relief warranted by that
    individual party’s claim. The arbitrator may not award relief for or against
    anyone who is not a party, though the individual relief awarded by the
    arbitrator may incidentally affect non-parties.
 7. You or Walmart may appeal an arbitration award that manifestly disregards
    the law by filing a notice of appeal with the AAA within 30 days after an
    award is rendered and delivered to the parties. The appeal shall be heard by
    a single arbitrator unless the parties agree to a multi-arbitrator appellate
    panel. The arbitrator(s) assigned to the appeal shall be selected by
    agreement of the parties from among those on the AAA Appellate Panel. If the
    parties are unable to agree, AAA shall appoint the arbitrator(s) from among
    those on the AAA Appellate Panel. An arbitrator who previously presided over
    any aspect of a case shall be ineligible from serving as an appellate
    arbitrator in that same case. The appeal, including briefing, shall be
    conducted pursuant to the parties’ agreement or the appellate arbitrator(s)’
    orders if the parties are unable to agree.

 6. Process for Arbitration Bellwether Demands.

If twenty-five (25) or more Demands for arbitration of a dispute or claim
subject to the Arbitration Agreement are initiated (i) that involve common
questions of law or fact and (ii) where the initiating parties are represented
by the same law firm, the same group of coordinated law firms, or the same
representative, then such Demands shall be coordinated pursuant to this
paragraph. The group of claimants and group of respondents shall each select
five (5) Demands, for a total of ten (10), to be filed with AAA (collectively
the “Bellwether Demands”). Each of the Bellwether Demands shall be assigned by
AAA to a different arbitrator chosen from its national roster. After ninety (90)
days from the date all Bellwether Demands have been arbitrated and any appeals
exhausted, any remaining Demands subject to this paragraph may be filed with
AAA. The AAA Supplementary Rules for Multiple Case Filings shall apply to the
extent they are not inconsistent with this paragraph. Notwithstanding any other
provision in the Terms of Use, You and Walmart agree that a court of competent
jurisdiction shall have authority to enforce the terms of this paragraph with
injunctive or other relief.

 7. Severability.

If (i) any dispute or claim subject to the Arbitration Agreement is filed as a
class arbitration, class action, collective action, representative action, or
Mass Action and (ii) if the Class Action and Mass Action Waiver is held invalid
or unenforceable as to such dispute or claim, then the Arbitration Agreement
does not apply to that dispute or claim and such dispute or claim must be
brought in a court of competent jurisdiction. If any provision of Section 20
other than the Class Action and Mass Action Waiver is held invalid or
unenforceable as to a particular dispute or claim, then such provision shall be
severed from the Terms of Use, and the remainder of the Terms of Use shall be
enforceable to the maximum extent permitted by law.

 8. Applicable Law.

The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement
of Section 20 of these Terms of Use. If the FAA is found not to apply to any
portion of Section 20 of these Terms of Use, then the applicable laws of the
State of Arkansas shall apply without regard to choice-of-law principles.


21. TERMINATION

These Terms of Use are effective unless and until terminated by either you or
Walmart. You may terminate these Terms of Use at any time, provided that you
discontinue any further use of the Walmart Sites. We also may terminate these
Terms of Use at any time and may do so immediately without notice, and deny you
access to the Walmart Sites, if in our 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, you must promptly destroy all Materials and
other Content downloaded or otherwise obtained from the Walmart Sites, as well
as all copies of such Content, whether made under these Terms of Use or
otherwise. The following sections will survive any termination of these Terms of
Use: “Your Use of the Walmart Sites,” “Content and Ideas,” “Monitoring by
Walmart,” “Materials Available on the Walmart Sites,” “Merchandise,” “Third
Party Sites,” “Placing an Order with Walmart,” “Shipping and Delivery,” “Export
Policy,” “Intellectual Property” (excluding the rights granted to you in that
Section), “Privacy,” “Third-Party Software & Licensing Notices,”
“Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of
Liability,” “Disputes & Arbitration,” and “General”.


22. GENERAL

These Terms of Use represent the complete agreement and understanding between
you and Walmart and supersede all prior agreements and representations between
the parties with respect to the subject matter of these Terms of Use. These
Terms of Use do not, and shall not be construed to, create any partnership,
joint venture, employer-employee, agency, or franchisor-franchisee relationship
between you and Walmart. Headings used in these Terms of Use are for reference
purposes only and in no way define or limit the scope of the section. Except as
provided in Section 20 above, if any provision of these Terms of Use is held to
be unenforceable for any reason, such provision will be reformed only to the
extent necessary to make it enforceable and the other terms of these Terms of
Use will remain in full force and effect. Except as provided in Section 20
above, these Terms of Use shall be interpreted and governed by the applicable
laws of the State of Arkansas without regard to choice-of-law principles. The
failure of Walmart to act with respect to a breach of these Terms of Use by you
or others does not constitute a waiver and will not limit Walmart's rights with
respect to such breach or any subsequent breaches. You may not assign, transfer,
or sublicense any or all of your rights or obligations under these Terms of Use
without our express prior written consent. We may assign, transfer, or
sublicense any or all of our rights or obligations under these Terms of Use
without restriction. Any use of the term “including” or variations thereof in
these Terms of Use shall be construed as if followed by the phrase “without
limitation.” Notices to you (including notices of changes to this these Terms of
Use) may be made via posting to the Walmart Sites or by e-mail (including in
each case via links), or by regular mail. Without limitation, a printed version
of these Terms of Use and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
these Terms of Use to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in
printed form.


23. FILTERING

This is to notify you that parental control protections (such as computer
hardware, software, or filtering services) are commercially available that may
assist you in limiting access to material that is harmful to minors. Information
identifying current providers of such protections is available from
https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.
Please note that we do not endorse any of the products or services listed on
such site.


24. HOW TO CONTACT US

If you have any questions or comments, please contact us at
https://walmart.com/help, or by mail at the following address: Walmart.com; 850
Cherry Ave., San Bruno, CA 94066. Please note that e-mail communications will
not necessarily be secure; accordingly, you should not include credit card
information or other sensitive information in your e-mail correspondence with
us. California residents may reach the Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer Affairs by mail at
1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254
or (800) 952-5210.

Walmart Sites: © 2000-2023 Walmart All Rights Reserved.
Walmart Apps: ©2009-2023 Walmart All Rights Reserved.




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