Terms of Service
This website is operated by Primal Cold LLC, DBA Optimus Red, LLC (“Primal Cold LLC, DBA Optimus Red”). Throughout the site, the terms “we”, “us,” and “our” refer to Primal Cold LLC, DBA Optimus Red. Primal Cold LLC, DBA Optimus Red offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. This is an agreement between you and Primal Cold LLC, DBA Optimus Red.
This agreement governs your use of all Primal Cold LLC, DBA Optimus Red product(s), whether visiting our website, purchased now or in the future, which includes the hardware, software, mobile application and any related firmware and documentation (“Product(s)”, “Service(s)” or collectively, the “Products and/or Services”) you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes.
By purchasing, downloading, registering and/or otherwise using Primal Cold LLC, DBA Optimus Red Products and/or Services, You are representing that you are over the age of 18, have the right and authority to legally bind yourself or your company, as applicable, and you signify your agreement to be bound by the terms of this Agreement. If You do not agree to all these terms or cannot make such representations, do not purchase, download, register or otherwise use Primal Cold LLC, DBA Optimus Red Products and/or Services.
Our store is hosted on Shopify, Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our Products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any lawful reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, reverse-engineer, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without prior, express, written permission by us.
We do not sell Products for purchase by children. If you are under 18, you may use the Products and/or Services only with the consent and supervision of a parent or guardian.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any use of or reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 - Modifications to the Product and Prices
Prices for our Products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Products (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products.
Section 5 - Products
Certain Products may be available exclusively online through the website. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Products at any time. Any offer for any Products made on this site is void where prohibited.
We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations. Our only product warranty is set forth in our Limited Warranty.
You agree not to copy, modify, reverse engineer, decompile or disassemble the Products and/or Software to the extent that such restriction is not prohibited by law. Except for the limited license granted herein, Primal Cold LLC, DBA Optimus Red and its suppliers hereby retain all right, title and interest in and to all worldwide intellectual property rights embodied in the Products and the Software. All other rights are reserved by Primal Cold LLC, DBA Optimus Red.
You acknowledge and agree that the technology embedded in and used to create the Products constitute the valuable trade secrets, intellectual property and know-how of Primal Cold LLC, DBA Optimus Red. To the extent you come into possession through authorized use of the Products of any such trade secrets and/or intellectual property, you will not disclose them to any third party.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by using the contact information provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools.
Any use by you of third-party tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Third-Party Links
Certain content, products, and services available via our Services may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
From time to time, Primal Cold LLC, DBA Optimus Red may provide access to third party content providers via the Product. In addition, Primal Cold LLC, DBA Optimus Red may support or provide access through the Product to certain third party services or technologies, including but not limited to specific file formats or codecs. Primal Cold LLC, DBA Optimus Red reserves the right to discontinue access to and/or support for any third party service, content or technology at any time, and for any reason.
Use of these Third Party Services may require internet access and use of certain Third Party Services may require You to accept additional terms and may be subject to additional fees. Certain Third Party Services may display, include or make available content, data, information, applications or materials from other third parties (“Third Party Materials”) or provide links to third party websites. By using the Third Party Services, you acknowledge and agree that Primal Cold LLC, DBA Optimus Red is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Primal Cold LLC, DBA Optimus Red, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. Third Party Services and Third Party Materials that may be accessed, linked to or displayed on or otherwise accessed via the Products are not available in all languages or in all countries or regions. Primal Cold LLC, DBA Optimus Red makes no representation that such Third Party Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Third Party Services and Third Party Materials, you do so at your own initiative and risk, and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
Primal Cold LLC, DBA Optimus Red reserves the right to change, suspend, remove, or disable access to any Third Party Content and Technology, Services and/or Third Party Materials at any time and for any reason without notice. In no event will Primal Cold LLC, DBA Optimus Red be liable for the removal of or disabling of access to any such Third Party Services and/or Third Party Materials. Primal Cold LLC, DBA Optimus Red may also impose limits on the use of or access to certain Third Party Services or Third Party Materials without notice or liability.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Section 9 - User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Once transmitted to us, all Comments become our sole property.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable in our sole discretion, or violates any party’s intellectual property rights or these Terms of Service.
You agree that your Comments will not violate any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
Section 10 - Personal Information
Similar to other websites, we use tracking technologies to automatically collect certain technical information from your web browser, mobile, or other device when you visit the Services. This data may include, but is not limited to, your IP address, browser type and language, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time of your visits. Our collection of this data, described in more detail below, allows us to provide more personalized high-quality services to you and to track usage of the Services.
- Cookies. We automatically derive and collect certain data based on your interactions with us on the Services using cookies and similar technologies (collectively, “Cookies”). Our collection of data through Cookies includes information about your browser and Services usage patterns, which may include your IP address, browser type, browser language, referring/exit pages and URLs, pages viewed, links clicked, whether you opened an email, and information about the device you use to access the Services. Our collection of this information allows us to improve your user experience in various ways, such as to personalize our display of the Services to you, to “remember” if you are signed in, and to provide better technical support.
Please note: If you restrict, disable or block any or all Cookies from your web browser or mobile or other device, the Services may not operate properly, and you may not have access to certain services or parts of the Services. We shall not be liable for any interruption in, or inability to use, the Services or our services or degraded functioning thereof, where such are caused by your settings and choices regarding Cookies.
- Pixels (aka web beacons/Tracking code). We may use Pixels (defined below) to automatically record certain technical information about your interactions with us when you access the Services or otherwise engage with us, to help deliver Cookies, or count users who have visited the Services or used our services. We may also include Pixels in our promotional email messages or newsletters to determine whether you open or act on them for statistical purposes. “Pixels” are tiny snippets of code and/or tiny images with unique identifiers used to track certain online actions, movements and related information of Services users. Unlike Cookies, which are stored on a user’s computer hard drive, Pixels are embedded invisibly on web pages or in HTML-based emails. The data we receive through Pixels allows us to provide you a better user experience with our Services, effectively promote the Services to various populations of users, and to optimize external advertisements about the Services that appear on third-party websites.
Section 11 - Errors, Inaccuracies and Omissions
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted an order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit or encourage others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or any other unlawful basis; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (l) to violate these Terms of Service. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and/or Services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Primal Cold LLC, DBA Optimus Red is not liable for any other electronic or non-electronic devices that are directly or indirectly impacted while operating a Primal Cold LLC, DBA Optimus Red product or service. Primal Cold LLC, DBA Optimus Red is not liable for any unauthorized access to product hardware, or operating without Primal Cold LLC, DBA Optimus Red authorized or approved or provided tools.
In no case shall Primal Cold LLC, DBA Optimus Red, our owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors, or licensees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any other damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Service, or for any other claim arising out of or in any way related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, sold, or otherwise made available via the Service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the amount you have paid Primal Cold LLC, DBA Optimus Red for the Service or any products procured using the Service, or the minimum amount of money permitted by law, whichever is lesser.
Section 14 - Indemnification
You agree to indemnify, defend, and hold harmless Primal Cold LLC, DBA Optimus Red and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, licensees, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Section 15 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us in writing that you wish to terminate and that you no longer wish to use our Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17 - Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service, including our Limited Warranty, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services, including our Limited Warranty, shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-laws principles.
Section 19 - Changes to Terms of Service You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 20 - Contact Information Questions about the Terms of Service should be sent to us at info@Primal Cold LLC, DBA Optimus Red.com.
Section 21 - Medical Advice Disclaimer OUR PRODUCTS ARE NOT INTENDED FOR USE IN THE TREATMENT OR MANAGEMENT OF ANY DISEASE OR CONDITION, AND SHOULD IN NO WAY BE CONSIDERED A REPLACEMENT FOR MEDICAL ADVICE AND/OR ACTIONS TAKEN IN ORDER TO DIAGNOSE, CURE, TREAT, OR PREVENT DISEASES OF ANY NATURE AND HAVE NOT BEEN CLEARED BY THE FDA FOR ANY SUCH USE.
While we may provide general wellness-related information, we are not a health care provider and we do not provide any medical treatment, advice, diagnosis, or other services requiring professional licensure. Your use of the Products and Services does not create a provider-patient relationship between you and Primal Cold LLC, DBA Optimus Red. Please seek the advice of your qualified health care professionals with any questions or concerns regarding your individual needs and medical conditions. Primal Cold LLC, DBA Optimus Red neither recommends nor endorses any specific physicians, procedures, products (including our own products), opinions, or other information that may be included on the site; the same are only for informational purposes and are not intended to cover all possible uses, directions, precautions, interactions, and adverse effects. All content provided on the site or otherwise provided as part of our Products or Services are intended to inform and supplement treatment decisions made between you and your health care provider. Our Products and Services should not be used as treatments for a medical emergency. Reliance on any information appearing on the site, whether provided by Primal Cold LLC, DBA Optimus Red, its content providers, the visitors to the site, or others, is done solely at your own risk.
Section 22 - Intellectual Property
You acknowledge that Primal Cold LLC, DBA Optimus Red contains technology, software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, including the Primal Cold LLC, DBA Optimus Red Content, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Primal Cold LLC, DBA Optimus Red’s technology is patent pending. All Primal Cold LLC, DBA Optimus Red Content and software, and content provided to Primal Cold LLC, DBA Optimus Red by our partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and Primal Cold LLC, DBA Optimus Red, Primal Cold LLC, DBA Optimus Red owns a copyright in the selection, coordination, arrangement and enhancement of all content in the Primal Cold LLC, DBA Optimus Red Service. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Primal Cold LLC, DBA Optimus Red Service, Primal Cold LLC, DBA Optimus Red hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on Primal Cold LLC, DBA Optimus Red for your personal, non-commercial use of Primal Cold LLC, DBA Optimus Red and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of Primal Cold LLC, DBA Optimus Red, including use of any such content on any other website or networked computer environment, is strictly prohibited.
The Primal Cold LLC, DBA Optimus Red name, logos and affiliated properties, designs and marks are the exclusive property of Primal Cold LLC, DBA Optimus Red and/or our affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on Primal Cold LLC, DBA Optimus Red should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.
Any other trademarks appearing on Primal Cold LLC, DBA Optimus Red are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through Primal Cold LLC, DBA Optimus Red. All rights not expressly granted in these Terms are reserved.