Legal

Privacy Policy

PRIVACY POLICY FOR 8PRIMAL, LLC

Last Updated: 08/01/2024

Thank you for using 8Primal, LLC. This Privacy Policy describes how information about you is collected, used and shared by 8Primal, LLC and our subsidiaries and other affiliates (collectively, “8Primal,” “we,” “us” or “our”) when you access or use the websites linked to this Privacy Policy, or blogs provided by us (collectively, the “Sites”) or otherwise interact with us. By using or accessing the Sites in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent to our collection, use, and sharing of your information in the following ways. If you do not consent, you may not use the Sites.

We’re constantly working to improve our Sites, so 8Primal reserves the right to change or modify this Privacy Policy at any time and in our sole discretion. If we make material changes to this Privacy Policy, we will post the policy with a new “Last Updated” date at the beginning of this Privacy Policy. We encourage you to review this Privacy Policy whenever you use or access the Sites or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy. If you use the Sites after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Remember, your use of the Sites is at all times subject to the Terms of Use, which incorporates this privacy policy and is available at https://8primal.com/pages/legal. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of personally identifiable information (“ PII”) that we gather when you are accessing or using our Sites. We gather various types of PII from our users, as explained in more detail below, and we use this PII internally in connection with our Sites, including to personalize, provide, and improve our services, to allow you to set up a user account and profile, to contact you and to fulfill your requests for certain products and services, and to analyze how you use the Sites. In certain cases, we may also share some PII with third parties, but only as described below.

1.1 Children’s Privacy Protection.

Our Sites are not intended for children or minors under the age of sixteen years and do not knowingly collect such information without the permission of a parent or guardian. If you believe that a child has submitted Personal Information on or through one of our Sites without the consent and supervision of a parent or guardian, please contact us at support@8Primal.com, so that we can take appropriate action.

Collection of Information.

2.1 Information You Provide to Us. We receive and store information you manually provide directly to us. For example, we collect information when you register for a 8Primal account, sign up for a subscription, participate in any interactive features of the Sites, subscribe to an email list, participate in a survey, contest, promotion or event, order or purchase (either for yourself or for another person) meal ingredients or other products made available through the Sites (collectively, the “Products”), apply for a job, communicate with us via third party social media sites, request customer support or otherwise communicate with us. Certain information may be required to register with us or to take advantage of some of our features. The types of information we may collect from you include (but are not necessarily limited to):

(a) Account information, such as your name, email address, password, postal address, phone number, subscription, delivery and dietary preferences and any other information you choose to provide;
(b) Transaction information, such as information about the Products you purchase, shipping and delivery information and information related to returns, refunds and cancellations. We may also collect and store limited payment information from you, such as payment card type and expiration date and the last four digits of your payment card number; however, we do not collect or store full payment card numbers and all transactions are processed by our third party payment processor;
(c) Information about others, such as the names and email addresses of gift recipients when you purchase gifts through the Sites or invite friends or family to try the Sites or Products; and
(d) Other information you choose to provide, such as when you participate in a survey, contest, promotion or interactive area of the Sites or when you request customer support.

2.2 Information We Collect Automatically. When you access or use the Sites, the types of information we may automatically collect about you include:

(a) Log Information: When you visit the Sites, our servers automatically record certain log file information, such as your Internet Protocol (“IP”) address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the Sites;
(b) Mobile Device Information: We collect information about the mobile device you use to access or use the Sites, including the hardware model, operating system and version, unique device identifiers, and mobile network information; and
(c) Information Collected by Cookies and Other Tracking Technologies: We and our service providers use various tracking technologies, including cookies and web beacons, to collect information about you when you interact with our Sites, including information about your browsing and purchasing behavior. Cookies are small data files stored on your hard drive or in device memory that help us improve the Sites and your experience, see which areas and features of the Sites are popular, and count visits. Web beacons are electronic images that may be used in the Sites or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.

2.3 Information We Collect From Other Sources. We may also obtain information about you from other sources and combine that with information we collect through the Sites. For example, we may collect information about you when you post content to our pages or feeds on third party social media sites.

Use of Information.

We may use information about you for various purposes, including to:

(a) Provide, maintain and improve the Sites and Products;
(b) Manage your account and send you related information, including confirmations, updates, security alerts and support and administrative messages;
(c) Respond to your comments, questions and requests and provide customer service;
(d) Communicate with you about the Sites, Products, recipes, services, offers, surveys, events and other news and information we think may be of interest to you;
(e) Monitor and analyze trends, usage and activities in connection with the Sites;
(f) Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of 8Primal and others;
(g) Personalize and improve the Sites and provide advertisements, content and features that match your profile or interests;
(h) Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
(i) Link or combine with information we get from others to help understand your needs and provide you with a better experience; and/or
(j) Carry out any other purpose for which the information was collected.

8Primal is based in the United States, and the information we collect is governed by U.S. law.

Sharing of Information.

We may share information about you as follows or as otherwise described in this Privacy Policy:

(a) With vendors, consultants and other service providers who need access to such information to carry out work or perform services on our behalf;
(b) From time to time, we may share your information with selected third parties (other than our vendors) for their own marketing purposes. Before doing so, however, we may offer you the opportunity to “opt out” or “opt in” as required by applicable law.
(c) When you interact with us on third party social media sites, certain information that you provide may be displayed publicly, such as your name, photos and other information you choose to provide;
(d) In response to a request for information if we reasonably believe disclosure is in accordance with, or required by, any applicable law, rule, regulation or legal process;
(e) If we believe your actions are inconsistent with our Terms of Use or other policies, or to protect the rights, property or safety of 8Primal or others;
(f) Your information may be transferred to a successor organization if, for example, we transfer the ownership or operation of the Sites to another organization, if we merge with or are acquired by another organization, or if we liquidate our assets; your information may also be transferred to a third party in connection with negotiations related to a merger, acquisition, or liquidation.
(g) Between and among 8Primal and any current or future parent, subsidiary and/or affiliated company; and
(h) With your consent or at your direction. We also may share aggregated, anonymized, or de-identified information, which cannot reasonably be used to identify you.

8Primal will only use your mobile number, provided by you, to opt-in to 8Primal’s SMS Program specifically for receiving autodialed marketing, transactional, and promotional texts, as stated in Section 11 of the Terms of Use, unless you choose to provide your mobile number for another Service offered by 8Primal.

Social Sharing Features.

The Sites may offer social sharing features and other integrated tools, such as the Facebook, Twitter and Pinterest buttons (e.g., “Like,” “Tweet” and “Pin It”), which let you share actions you take on the Sites with other media. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

Advertising and Analytics Services Provided by Others Interest-Based Ads.

In addition to the cookies we deliver to your computer or mobile device through our Sites, certain third parties may deliver cookies or other tracking technology to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Sites. Other third parties like Facebook may deliver cookies or a tiny file called a "pixel" to your device. If a social media platform has delivered a "pixel" or similar tracking code to your device, that platform also may receive data about the pages, videos, or other content that you viewed on our Sites. By accessing our Sites, you consent to sharing data about that content with these social media platforms. These third parties may provide us with reports about the effectiveness of our Sites and our advertising, and they may also use cookies or technology for the purpose of tracking your online behaviors across nonaffiliated websites and delivering targeted advertisements either on our Sites or on other websites.
You have choices about the collection of information by third parties on our Sites. For example, if you don’t want information about your visit to our Sites sent to Google Analytics, you may follow the link in the section labeled “Your Choices,” below. Please note that the Add-on does not prevent information from being sent to us.

In addition, if you would like to opt out of having participating entities track your online behavior for advertising purposes when you are browsing our Sites, you can follow the link provided in the section labeled “Your Choices,” below. You will be directed to an industry-developed website that allows you to choose whether each listed entity may collect and use data for interest-based advertising purposes. It may be that some of the third parties that collect interest-based information on our Sites do not participate in the Website Opt Out, in which case the best way to avoid third party tracking of your online behaviors may be through your browser settings and deletion of cookies.
Please note that the Website Opt Out are device or browser specific. If you wish to opt-out from having interest-based information collected by participating entities across all devices, you need take the steps outlined above from each device or browser.

Customized Ad Campaigns.

We may also work with third party social media sites and other online advertising platforms, such as Facebook and Shopify, to serve ads to you as part of a customized campaign, including as part of a targeted audience, unless you notify us that you prefer not to have information about you used in this way.

Affiliated Businesses.

In certain situations, other businesses or brands that we own, or third-party businesses we’re affiliated with may sell or provide products or services to you through or in connection with the Sites (either alone or jointly with us). If you ask to exercise your privacy rights with us, we may ask you to clarify whether you mean a specific] brand/business or all our Sites. If you inquire about a third-party affiliate, we will honor your privacy preferences but may refer you to those third parties for additional action. We have no control over the policies and practices of third-party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to a third-party business, please review all its terms and conditions or online policies.

Security.

Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

8Primal takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to or from us over the Internet. In particular, email sent to or from the Sites may not be secure, and you should therefore take special care in deciding what information you send to us via email. Additionally, unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our Terms of Use (located at https://8primal.com/pages/legal) and other agreements; or protect the rights, property, or safety of 8Primal, our employees, our users, or others.

Your Choices.

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

10.1 Account Information. You may add, update, correct or modify information about you at any time by logging into your online account or by emailing us at support@8Primal.com. The information you can view, update, and delete may change as the Sites change. If you have any questions about viewing or updating information, we have on file about you, please contact us by email at support@8Primal.com. When you update information, however, we may maintain a copy of the unrevised information in our records.

10.2 Account Deactivation. If you wish to deactivate your account, please email us at support@8Primal.com, but note we may continue to store information about you as required or permitted by law or for legitimate business purposes. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it.

10.3 Opt-Out Links: To opt-out of Google Analytics, please visit: https://tools.google.com/dlpage/gaoptout To opt-out of certain ad functions, please visit: https://youradchoices.com/control

10.4 Cookies. If you prefer, you can set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Sites. As stated in Section 6, you can control some place of cookies through third-party tools. See 10.3 above for two of these Opt-Out tools.

10.5 California, Virginia, Colorado, Connecticut, and Utah Consumers. If you are a California, Virginia, Colorado, Connecticut, or Utah resident, please see the additional privacy disclosures immediately following Section 11 below.

Contact Us.

If you have any questions about this Privacy Policy, please contact us at legal@8Primal.com, and we will try to resolve your concerns.

8Primal
Supplemental Privacy Policy
California, Virginia, Colorado, Connecticut, Utah

Last Revised on: August 1, 2024

Supplemental Privacy Policy

This Supplemental Privacy Policy and Notice (“Supplemental Policy”) applies only to information collected about consumers residing in California, Colorado, Virginia, Utah, or Connecticut (“consumer(s),” “Consumer(s),” “you,” “your”) and supplements the information contained in 8Primal’s Privacy Policy [https://8primal.com/pages/legal]. It provides information required under the California Consumer Privacy Act of 2018 and as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”), the Colorado Privacy Act of 2021 (the “CPA”), the Virginia Consumer Data Protection Act of 2021 (the “VCDPA”), the Utah Consumer Privacy Act of 2022 (the “UCPA”), and the Connecticut Data Privacy Act of 2022 (“CDPA”) and any and all regulations arising therefrom.

This Supplemental Policy describes the practices of 8Primal, LLC (“we,” “us,” or “our”) regarding the collection, use, and disclosure of personal information and provides instructions for submitting data subject requests. Some portions of this Supplemental Policy apply only to consumers of particular states, and we have indicated where those portions are state-specific.

If you are unable to review or access this Supplemental Policy due to a disability, you may contact 8Primal at or legal@8Primal.com to access this Supplemental Policy in an alternative format.

Definitions Specific to this Policy

“Consumer” means a natural person who resides in California, Colorado, Virginia, Utah and Connecticut and to whom we offer information, goods, or services. For purposes of this Supplemental Policy, this term includes natural persons who reside in California and engage with us as part of business-to-business transactions.
“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or household. Personal Information includes “personal data” as that term is defined in the CPA, VCDPA, UCPA, and CDPA. Personal Information also includes “Sensitive Personal Information,” as defined below.
“Sensitive Personal Information” means Personal Information that reveals a Consumer’s: 1) Social security, driver’s license, state identification card, or passport number; 2) Account log-in, financial account number, debit card number, or credit card number in combination with any required security or access code, password, or credentials allowing access to the individual’s account; 3) Precise geolocation; 4) Racial or ethnic origin; 5) Religious beliefs; 6) Union membership; 7) Contents of email or text messages, unless we are the intended recipient; 8) Genetic data; 9) Biometric information used to uniquely identify the Consumer, and 10) Health, sex life, or sexual orientation. Sensitive Personal Information includes “sensitive data” as that term is defined in the CPA, VCDPA, UCPA, and CDPA.
“Sell,” “Sale,” or “Sold” means renting, releasing, or transferring an individual’s Personal Information to a Third Party for money or other valuable consideration.
“Share,” “Shared,” or “Sharing” means transferring an individual’s Personal Information to a Third Party for behavioral advertising purposes, whether or not for money or other valuable consideration.
“Third Party” means a person or organization which is not a Consumer, Vendor, or an entity owned or controlled by us and as defined by the CCPA, CPA, VCDPA, UCPA, and CDPA.
“Vendor” means a “service provider,” “contractor,” or “processor” which collects, stores, or otherwise handles data for us, as those terms are defined in the CCPA, CPA, VCDPA, UCPA, and CDPA.

These definitions apply, whether terms are capitalized or not. Other terms used in this Supplemental Policy may be defined under the CCPA, CPA, VCDPA, UCPA, or CDPA, and they shall have the meanings described in those statutes. If there are variations between such definitions in different laws, you will be covered by the definition that applies in your state. For example, if you are a Virginia consumer, terms defined in the VCDPA shall apply to you if they are used in this Supplemental Policy.

The Personal Information We Collect and Disclose

The chart below shows the categories of personal information we may collect; examples of personal information in each category; types of sources from which each category of personal information is collected; the business purposes for which each category of personal information is collected; and the types of Vendors or Third parties with whom that category of personal information is shared. As this chart shows, we may share or sell personal information to Third Parties or disclose certain personal information to Vendors for business purposes.

Category of Personal Information	Examples	Sources from Which This Personal Information is Collected	Business Purposes for Collection	Types of Vendors or Third Parties with Whom This Personal Information is Shared, Sold or Disclosed
Unique Identifiers	Name, address, telephone, email, account name, online identifier, IP address	The consumer directly; Marketing systems (cookies, pixels, IP, etc.);	Customer support; Credit card processing; Digital marketing (including creation of custom targeted audiences); Social media advertising; Shipping / order fulfillment; and Order Processing	Disclosed: Fulfillment partners; Shipment providers; Email service providers; Customer service providers; and Payment providers. Shared: Digital marketing; and Social media platforms and influencers
Contact and Financial Information	Name, address, telephone, email, credit card number, debit card number, or any other financial information	Directly from you via our website Claims management providers	Complete transactions Other services and discounts Process claims	Disclosed: Payment process Mailing houses Shared or Sold: None
Characteristics of Protected Classifications	Characteristics of protected classifications under state laws or federal law, including: race, ancestry, national origin, age (40 years or older), marital status, sex, sexual orientation, medical condition, disability, genetics, and veteran or military status	May be inadvertently disclosed by Member directly to ButcherBox Customer Support Individuals	Customer Service;	Disclosed: Customer service providers. Shared or Sold: None
Commercial Information	Records of products purchased, obtained, or considered, or other purchasing or consuming histories or tendencies	Directly from Customers	Customer service; Experience management; and Digital marketing (including the creation of custom targeted audiences).	Disclosed: Marketing consultants Contractors Fulfillment providers Business partners Marketing platforms Shared or Sold: None
Internet or Other Electronic Activity	Internet or other electronic network activity information, including, but not limited to, and information regarding a consumer’s interaction with our Internet Web site, application, or advertisement	Directly from customers;	Provide you with goods and services Invite participation in surveys and feedback; Customer service communications Improve promotions (including the creation of custom targeted audiences).	Disclosed: Web hosting platforms Contractors Customer data platforms Email service provider Shared or Sold: None
Geolocation Data	Device location; browser; and IP address	From your digital device; Direct communication with you	Provide you with goods; Customer service communications; Improve promotions; Product availability	Disclosed: Service providers Fulfillment providers Shipment providers Shared or Sold: None
Audio, Electronic, Visual, Thermal, Olfactory, Or Similar Information	Call recordings; voluntary video recordings	Directly from Customer to Customer Support Individuals; From call center providers.	To record customer service/experience interactions.	Disclosed: Service providers Shared or Sold: None
Inferences Drawn from Other Categories to Create a Profile	Profile reflecting preferences; predispositions; surveys; and behavior	The consumer directly; Digital marketing companies	Digital marketing (including the creation of custom targeted audiences); Customer support Customer experience enhancements	Disclosed: Business partners (email only) Shared or Sold: None

Sensitive Personal Information We Collect and Disclose

Category of Personal Information

Sources from Which This Personal Information is Collected

Business Purposes for Collection

Types of Vendors or Third Parties with Whom This Personal Information is Shared, Sold or Disclosed

Account log-in, financial account, debit card number, plus an access code

Directly from you via our website

Completed Transactions

Disclosed:

Payment processor

Shared or Sold:

None

Characteristics of Protected Classifications

Characteristics of protected classifications under state laws or federal law, including: race, ancestry, national origin.

Customer Service;

Disclosed:

Customer service providers.

Shared or Sold:

None

RETENTION OF DATA

We intend to retain each category of personal information described above only for as long as necessary to fulfill the purpose for which it was collected, or a related and compatible purpose consistent with the average consumer’s expectation, and to comply with applicable laws and regulations. We consider the following criteria when determining how long to retain personal information: why we collected the personal information; the nature of the personal information; the sensitivity of the personal information; our legal obligations related to the personal information, and risks associated with retaining the personal information.

Your Rights to Your Personal Information

California, Colorado, Virginia, Utah, and Connecticut consumers have certain rights with respect to the collection and use of their personal information. Those rights vary by state. As required by the CCPA, we provide detailed information below regarding the data subject rights available to California consumers. Consumers in Colorado, Virginia, Utah, and Connecticut have similar rights and can find more detail by referencing the CPA, VCDPA, UCPA, or CDPA, as applicable.

You have the right to submit requests related to the personal information we have collected about you. You may make such a request twice in a 12-month span. Please note, there are circumstances when we may not be able to comply with your request. For example, we may not be able to verify your request or we may find that providing a full response conflicts with other legal obligations or regulatory requirements. We will notify you if this is the case.

Right to Receive Information on Privacy Practices. You have the right to receive the following information at or before the point of collection:

The categories of personal information to be collected;
The purposes for which the categories of personal information are collected or used;
Whether or not that personal information is sold or shared with Third Parties or disclosed to Vendors;
If the business collects Sensitive Personal Information, the categories of Sensitive Personal Information to be collected, the purposes for which it is collected or used, and whether that information is sold or shared; and
The length of time the business intends to retain each category of personal information, or if that is not possible, the criteria used to determine that period.

We have provided such information in this Supplemental Policy, and you may request further information about our privacy practices by using the contact information provided below.

Right Know and Right to Access. You have the right to request certain information we have collected about you. You have the right to request:

Specific pieces and categories of personal information we collected about you;
The categories of sources from which personal information was collected;
The purposes for which personal information was collected, shared, sold, or processed;
The categories of personal information we shared, sold or disclosed; and
The categories of Vendors or Third Parties with whom we shared, sold or disclosed personal information.

Right to Delete. You have the right to request that we delete certain personal information that we have collected.

Right to Correct. You have a right to request that we correct any inaccurate personal information we may retain about you.

Right to Opt-Out of the Sale and Sharing of Your Personal Information. You have the right to opt-out of the sale and sharing of your personal information with Third Parties, and the right to opt out of the processing of personal information for targeted advertising purposes, as defined in the CCPA, CPA, VCDPA, UCPA, and CDPA.

We sell and share personal information, or process personal information for targeted advertising purposes. In the past 12 months, we have sold or shared the categories of consumer personal information as listed in this Supplemental Policy. As a consumer, you have the right to opt-out of the sale and/or sharing of your personal information and of the processing of personal information for the purpose of targeted advertising. To submit an opt-out request, please email support@8Primal.com. We do not knowingly sell or share personal information of consumers under 16 years of age.

If you opt-out of the sale of your personal information, we will wait at least 12 months before asking you if we may sell or share your personal information.

You have the right to opt-in to the sale of your personal information after you have opted out. If you would like to opt-in to the sale or sharing of your personal information, please email us at appeals@8Primal.com. Opting-in is a two-step process in which you will first clearly request to opt-in, and then separately confirm that choice.

Right to Consent to or Limit the Use of Your Sensitive Personal Information. You have the right to consent to the use of your Sensitive Personal information in CO, CT, VA and UT. Separately, you have the right in CA to instruct us to limit the use and disclosure of your Sensitive Personal Information to only that which is necessary to perform the services or provide the goods reasonably expected by an average consumer or for specific business purposes defined by law.

We use Sensitive Personal Information with your consent, and for the purposes listed in the “Sensitive Personal Information We Collect and Disclose” chart above. You have the right to further limit the use of your Sensitive Personal Information to the purposes authorized by the CCPA. To submit a request to limit the use of your Sensitive Personal Information, please email support@8Primal.com.

Right to Non-discrimination. You have a right to exercise the above rights, and we will not discriminate against you for exercising these rights. Please note that a legitimate denial of a request to access, delete, or opt-out is not discriminatory, nor is charging a fee for excessive or repetitive requests.

Instructions to Exercise your Rights. If you would like to make any of the data requests listed above, please email support@8Primal.com. The link will take you to an interactive webform that you can complete and submit to make a request for information that we will then verify. If you use the telephone number, you will be guided through a process that will allow you to submit a verifiable request, and the level of verification will depend on the request being submitted. You may also submit a request by emailing us at legal@8Primal.com.

You may designate an authorized agent to exercise your rights under the CCPA on your behalf. Such individual must have power of attorney, or be an authorized agent registered with the relevant Secretary of State.

Right to Appeal. You have the right to appeal our decisions about your data subject requests. If you choose to appeal, your request will move from Customer Support to our Legal Department for review. If you would like to appeal a decision regarding your data request, please click appeals@8Primal.com. Please state that your request is an “Appeal,” and describe the date and nature of your original request.

Verification Process

When you submit a request to exercise your data subject rights, we may ask you to provide information that will enable us to verify your identity.

If you designate an authorized agent to exercise your rights on your behalf, we may require that you or the authorized agent do the following:

Verify your identity with us directly.
Provide proof of your signed written permission for the authorized agent to submit a request on your behalf.

We may deny a request from an agent purportedly acting on your behalf if we request, and the agent does not submit, proof that he, she, or it has been authorized by you to act on your behalf.

Personal Information of Minors

Our online content is not intended for children or minors under the age of sixteen years. Accordingly, we do not knowingly store information from minors under the age of sixteen years, except as required by applicable law. If you believe that a child has submitted personal information to us, please contact us at: legal@8Primal.com. and we will delete the information.

Additional California Privacy Rights

Shine the Light Request. California Civil Code Section § 1798.83 permits users of our website who are California residents to request information about our disclosure of personal information to other parties for their direct marketing purposes. To make such a request, please send an email to legal@8Primal.com with the subject “Shine the Light Request.”

Changes to Our Supplemental Policy

8Primal reserves the right to amend this Supplemental Policy at our discretion and at any time. When we make changes to this Supplemental Policy, we will post the policy on our website with a new Last Updated date.

Additional Information

If you would like additional information regarding our Supplemental Policy, please contact us at legal@8Primal.com.

Return to the start of our Supplemental Policy

Terms & Conditions

TERMS OF USE AND CONDITIONS OF PURCHASE

Revised: August 1, 2024

Welcome to 8Primal and our Terms of Use and Conditions of Purchase (these “Terms”).

PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SERVICES (DEFINED BELOW) OR PLACING AN ORDER.

Note that Section 15 of these Terms contains a mandatory arbitration provision that requires 8Primal and you to use binding arbitration on an individual basis and limits the remedies available to 8Primal and you in the event of certain disputes. By agreeing to these Terms, 8Primal and you are giving up our rights to bring our disputes before a jury or as a member of class action.

By accessing or using the services provided by 8Primal, LLC or our subsidiaries or other affiliates (collectively, “8Primal,” “we,” “us” or “our”) through our websites, blogs and/or mobile applications (collectively, the “Sites” and together with such services, the “Services”) you agree to be bound by these Terms and all of the Terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Services.

If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.

8Primal reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Sites. By continuing to access or use the Services in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services or Order. If you do not agree to the revised Terms, you are free to reject them and will not be able to access or use the Services.

Privacy Policy.

Please refer to our Privacy Policy, available at https://8primal.com/pages/legal(“Privacy Policy”) for information about how we collect, use and disclose information about you. If you are a California Resident, please see additional privacy disclosures at https://8primal.com/pages/legal

Eligibility.

The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one 8Primal account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

Registration, Account and Communication Preferences.

In order to access and use certain areas of the Services, you will need to register for a 8Primal account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.

By creating an 8Primal account, you also consent to receive electronic communications from 8Primal (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

Terms of Sale.

A. Products.

We make certain meat or other products made available for purchase through the Services (collectively, the “Product(s)”). 8Primal may have the ability to offer individual Products for purchase by consumers.

B. Subscriptions.

PLANS. 8Primal offers various subscription plans for the recurring delivery of our Products (each purchase of any such plan, a “Subscription”) and may offer recurring or one-time Products for sale. Our Product offerings and available Subscription plans are described on our website and mobile application, as applicable, at the time of purchase, and are subject to change at any time prior to purchase.
AUTOMATIC RENEWAL OF SUBSCRIPTION. WHEN YOU PURCHASE A MONTHLY SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) 8PRIMAL (OR OUR THIRD PARTY PAYMENT PROCESSOR(S)) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR THE PRICE OF YOUR CHOSEN SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES SET FORTH DURING THE PURCHASE PROCESS) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR TERMINATE THE SUBSCRIPTION. THE MONTHLY RECURRING CHARGES FOR YOUR SUBSCRIPTION WILL BE SET FORTH DURING THE PURCHASE PROCESS ("PAYMENT"). THE AMOUNT YOU ARE CHARGED MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND WE MAY ADJUST SUCH RECURRING CHARGES FROM TIME TO TIME IN ACCORDANCE WITH THESE TERMS.
SUBSTITUTIONS. All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific ingredients, Products or entire Orders) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at support@8Primal.com.
CANCELLATION POLICY. YOU MAY CANCEL YOUR MONTHLY SUBSCRIPTION AT ANY TIME PRIOR TO THE NEXT DATE OF BILLING ("BILL DATE") BY ACCESSING YOUR ACCOUNT OR BY EMAILING support@8Primal.com. THE CANCELLATION REQUEST WILL BE PROCESSED FOR THE NEXT SCHEDULED BILL DATE. YOU ARE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.

C. Gifts

You may have the ability to purchase: (i) non-subscription boxes, (ii) gift cards, and (iii) recurring monthly Subscriptions for other people through the Services (collectively, “Gifts”). Gifts are not refundable or redeemable for cash, unless required by applicable law. Gifts must be redeemed for purchases through the Services in accordance with our then-current procedures for redemption, which may require the recipient to create their own account and agree to these Terms in order to redeem the Gift. GIFTS THAT ARE MONTHLY SUBSCRIPTIONS ARE SUBJECT TO THE AUTO RENEWAL TERMS AND THE CANCELLATION POLICY IN 4(B).

D. Payment and Billing Information.

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor(s)) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor(s) cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders and Gifts. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your 8Primal account, you can do so at any time by logging into your account and editing your payment information, or by email support@8Primal.com.

Note: 8Primal uses the Shopify platform and uses Stripe to process payments. You may see “Shopify” or “Stripe” on your payment card statement.

E. Pricing and Availability.

All prices shown via the Services are in U.S. dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Subscription and other Product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription(s), we will provide advance notice of such changes via one of the means described in Section 3. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your Subscription(s) in accordance with the cancellation policy set forth in Section 4(B).

We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

F. Shipping and Handling.

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. Actual delivery dates may vary from your online account or checkout. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract.

G. Deliveries.

You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery to confirm that the Products arrive refrigerator cold, meaning below 40° F as measured with a food thermometer. In the unlikely event that such temperature zone is above 40°F, or you have any other reason to believe that any other Product in your delivery is not suitable for consumption, contact us at support@8Primal.com (attaching photos of the item(s)). To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products following delivery. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. We also recommend that all cooking instructions be followed and that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures, which can be found here. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found here.

If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Our Products are frozen and individually packaged and labeled, the Products are placed inside boxes that feature inbuilt insulation specially designed to keep meat within the optimal temperature range, with dry ice if necessary. The amount of dry ice is calculated based on your geographic location/guaranteed courier delivery time. When retrieved on the delivery date, dry ice may be completely evaporated. Your Order will typically remain cold and fresh for several hours, but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your Products prior to consumption. In certain areas, you may be able to provide additional delivery instructions when setting up your 8Primal account, such as requesting that your delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In the event of a courier delay, please inspect the contents carefully and email support@8Primal.com immediately with any concerns (attaching photos for review). In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Products is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.

H. No Resale.

You are not permitted to resell or otherwise use the Products for commercial purposes.

I. Returns and Refunds (Standard Return/Refund Policy).

We are shipping perishable Product(s) and therefore are not able to accept returns. Unlike items that have a longer shelf life, items that are perishable cannot be restocked or resold.
If you are not completely satisfied with your 8Primal products, please contact support@8Primal.com. We will happily review you your Order and any reported issues and offer a replacement of the Product in question, credit towards your next box, or a partial/full refund. Since we are not able to physically access the Product, we may ask that you provide photos of the Product label and damage reported.
Due to the perishable nature of our Products, we cannot guarantee the condition of the delivery if the address is incorrectly entered, if a change of address isn’t updated prior to the Bill Date, if an address is altered while in transit, or if you are unable to retrieve the Order on the guaranteed delivery date and did not notify us prior to the Order Bill Date.
When placing your Order, please enter your shipping address carefully to ensure accuracy and review your receipt/account for any errors. If you enter the shipping address incorrectly or move please email support@8Primal.com immediately for correction or correct it via your account.
If your Order is returned to us because of an incorrect address provided or refusal of delivery when shipped according to our Terms, we must dispose of the contents and you will not be refunded. In the event an Order is delivered late due to an incorrect address or if you are unable to retrieve on the delivery date without prior notification and thawing/damage occurs, you will not be refunded.

J. Cancelled Orders.

You are liable for any orders placed or charges that incur prior to the cancellation request. If the request for cancellation is made after your Order Bill Date, the request will be processed for the next scheduled Bill Date.

K. Damaged Products

Courier Damaged Products. While we would love to see every delivery arrive on time and without issue, delays or damage can occur once the package is in transit via the courier due to events that are out of our control (such as inclement weather, accidents, etc). In the event of damage caused by improper handling or late delivery, we are happy to file a claim and replace the shipment. We ask that you please email support@8Primal.com within seven (7) days of receipt, provide a description of the damage, and a photo(s) of the Order in the state it was received. Claim filing is time sensitive and photos are required in order to show proof of damage. Filing a claim does not guarantee a refund. 8Primal will review your claim and determine accuracy in its sole discretion.
Damaged Products (not courier related). In the event of damage, we ask that you please email support@8Primal.com within seven (7) days of receipt, provide a description of the damage, and a photo(s) of the Order in the state it was received. We will happily review you your Order and any reported issues and offer an appropriate resolution which may include replacement of the Product in question, credit towards your next box, or a partial/full refund. Since we aren’t able to physically access the Product, we may ask that you provide photos of the Product label and damage reported.

License to Access and Use Our Sites and Content.

Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the 8Primal logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of 8Primal or our licensors or users, as applicable, and are protected by U.S. and international copyright laws. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Services and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Services or Content, except as expressly permitted by us, and (f) use the Services or Content other than for their intended purposes. Any use of the Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of 8Primal or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time. Notwithstanding anything to the contrary in these Terms, the Services and Content may include software components provided by 8Primal or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

Trademarks.

All marks, service names, logos or slogans that may appear on the Services or Products are trademarks of 8Primal and may not be copied, imitated or used, in whole or in part, without our prior written permission, in each instance. You may not use any metatags or other “hidden text” utilizing “8Primal” or any other name, trademark or Product or service name of 8Primal without our prior written permission. In addition, the look and feel of the Services and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of 8Primal and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Services or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, Services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by 8Primal.

Hyperlinks.

8Primal makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our Terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.

Third Party Content.

We may display content, advertisements and promotions from third parties through the Services, including in shipments with Products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that 8Primal is not responsible or liable in any manner for such interactions or Third Party Content.

User Conduct.

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct; actual use or attempt to use another user’s account without authorization from such user and 8Primal; use of the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner; reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Services; attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access; develop any third party applications that interact with the Services without our prior written consent; use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Services; or use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

Feedback.

You are always free to submit questions, comments, suggestions, ideas, original or creative materials or other information about 8Primal, the Services or the Products (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of 8Primal. 8Primal shall be free to use (and allow others to use) such Feedback, including, without limitation, all intellectual property rights in and to such Feedback, and shall be entitled to the unrestricted dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

SMS Terms and Conditions.

BY SIGNING UP TO PARTICIPATE IN 8PRIMAL’S SMS PROGRAM (“SMS PROGRAM”), YOU AGREE TO BE BOUND BY THESE SMS TERMS AND CONDITIONS IN THIS SECTION 11 AS WELL AS 8PRIMAL’S TERMS OF USE AND CONDITIONS OF PURCHASE, AND PRIVACY POLICY.

By choosing to opt-in to 8Primal’s optional SMS Program, you consent to receive autodialed marketing, transactional, and promotional texts from or on behalf of 8Primal at the mobile number you provide when you opt-in to the SMS Program. Consent is not a condition of purchase.

Message frequency varies. Message and data rates may apply. To opt out of 8Primal’s SMS Program, text STOP. For help, text HELP, or you can get help directly at support@8Primal.com. Carriers are not liable for delayed or undelivered messages.

8Primal will only use your mobile number, provided by you, to opt-in to 8Primal’s SMS Program specifically for receiving autodialed marketing, transactional, and promotional texts, as stated in this Section 11, unless you choose to provide your mobile number for another Service offered by 8Primal.

Indemnification.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless 8Primal, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “8Primal Parties”), from and against all actual or alleged 8Primal Parties or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or not matured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services, Content or Products, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Services or Products provided to you and (f) any User Content you create, post, share or store on or through the Services or our pages or feeds on third party social media platforms. You agree to promptly notify 8Primal of any third party Claims and cooperate with the 8Primal Parties in defending such Claims. You further agree that the 8Primal Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and 8Primal.

Disclaimers.

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND FOR VERIFYING THE SUITABILITY OF ALL PRODUCTS AND THEIR PRODUCTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT PRODUCTS ARE PACKAGED AND STORED IN FACILITIES THAT MAY HANDLE FOODS WITH ALLERGENS (INCLUDING, BUT NOT LIMITED TO, MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREE NUTS) AND WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS. WE ATTEMPT TO DISPLAY PRODUCT PRICING, DESCRIPTIONS, INGREDIENT LISTS, AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, OUR SERVICES, THEIR CONTENTS, AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, 8PRIMAL, ITS SUBSIDIARIES, AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO OUR SERVICES, THEIR CONTENTS, AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THESE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 8PRIMAL, 8PRIMAL PARTIES, ITS SUBSIDIARIES, AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THESE SERVICES; (D) THAT THE INFORMATION ON THESE SERVICES, INCLUDING NUTRITIONAL AND PRICING INFORMATION, IS ACCURATE, COMPLETE OR CURRENT; OR (E) THAT THESE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

IN THE EVENT OF AN ERROR IN THE SERVICES, INCLUDING IN AN ORDER CONFIRMATION, OR IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON OUR WEBSITES AND/OR MOBILE APPLICATIONS DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, DIFFERENCES IN HOW YOUR COMPUTER OR MOBILE DEVICE DISPLAYS TEXT AND/OR IMAGES, NATURAL VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SERVICES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SERVICES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Services (or any features or functionality of the Services) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.

Limitation of Liability; Release.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 8PRIMAL OR ANY OF THE OTHER 8PRIMAL PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM 8PRIMAL, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO 8PRIMAL’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF 8PRIMAL AND THE OTHER 8PRIMAL PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE 8PRIMAL MARKET EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF PRODUCTS, OR ACCESS OR USE OF THE SERVICES OR CONTENT, EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE 8PRIMAL AND THE OTHER 8PRIMAL PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

Dispute Resolution; Arbitration.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES 8PRIMAL AND YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH 8PRIMAL AND YOU CAN SEEK RELIEF UNDER THESE TERMS. IN PARTICULAR, 8PRIMAL AND YOU AGREE TO GIVE UP OUR RIGHTS TO BRING CERTAIN DISPUTES BEFORE A JURY OR RESOLVE CERTAIN CLAIMS IN COURT OR AS A MEMBER OF A CLASS PROCEEDING.

Binding Arbitration. For any dispute arising out of or related to these Terms or the Services, Content, or Products, except for any disputes, claims, suits, actions, causes of action, demands or proceedings arising out of or related to a violation of Section 12 or disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents (each, a “Dispute”), to the extent permitted by applicable law, you and 8Primal agree (a) to waive your and 8Primal’s respective rights to have any and all Disputes resolved in a court, and (b) to waive your and 8Primal’s respective rights to a jury trial. Instead, you and 8Primal agree to arbitrate Disputes through binding arbitration. Arbitration is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court.
No Class Arbitrations, Class Actions or Representative Actions. To the extent permitted by applicable law, you and 8Primal agree that any Dispute is personal to you and 8Primal and that any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. To the extent permitted by applicable law, you and 8Primal agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.
Federal Arbitration Act. You and 8Primal agree that these Terms affect interstate commerce and that the enforceability of this Section 15 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
Notice; Informal Dispute Resolution. You and 8Primal agree that each party will notify the other party in writing of any Dispute or any small claims dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute or small claims dispute informally. Notice to 8Primal shall be sent by certified mail or courier to 8Primal, LLC Attn: Legal Notices, 300 Michael Dr. Syosset, NY 11791. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your 8Primal account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute or small claims dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent to the address we have on file for you, and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute or small claims dispute, (y) a description in reasonable detail of the nature or basis of the Dispute or small claims dispute, and (z) the specific relief that we are seeking. If you and 8Primal cannot agree how to resolve the Dispute or small claims dispute within thirty (30) days after the date notice is received by the applicable party, then either you or 8Primal may, as appropriate and in accordance with this Section 15, commence an arbitration proceeding or, to the extent specifically provided for in Section 15 ("Binding Arbitration" paragraph above), file a claim in court.
Process. You and 8Primal agree that any Dispute or small claims dispute must be commenced or filed by you or 8Primal within one (1) year of the date the Dispute or small claims dispute arose, otherwise the underlying claim is permanently barred (which means that you and 8Primal will no longer have the right to assert such claim regarding the Dispute or small claims dispute). You and 8Primal agree that (a) the arbitration will be conducted in the county where you reside, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are explained in more detail in Section 15 below and hereby incorporated by reference, and (c) that the state or federal courts of the State of Massachusetts and the United States, respectively, sitting in the State of Massachusetts, County of Middlesex, City of Cambridge, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a small claims dispute in the small claims court located in the county of your billing address if the small claims dispute meets the requirements to be heard in that small claims court.
Authority of Arbitrator.As limited by the FAA, these Terms and the JAMS rules referenced above, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of the scope of this arbitration agreement and whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Rules of JAMS. The arbitration will be administered by JAMS in accordance with the JAMS Comprehensive Arbitration Rules (the “JAMS Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule-16-1.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. To the extent there are any conflicts between the JAMS Rules and these Terms, the Terms will control.
Severability. If any term, clause or provision of this Section 15 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 15 will remain valid and enforceable. Further, the waivers set forth in this Section 15 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the Terms of this Section 15 by writing to: 8Primal, LLC Attn: General Counsel, 300 Michael Dr. Syosset, NY 11791. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.

Governing Law and Venue.

These Terms, your access to and use of the Services, and your Order, receipt and use of the Products shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules or principles (whether of the Commonwealth of Massachusetts or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court pursuant to Section 15 shall be resolved in the state or federal courts of the Commonwealth of Massachusetts and the United States, respectively, sitting in the Commonwealth of Massachusetts, County of Middlesex, City of Cambridge.

Termination.

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

Severability.

If any term, clause or provision of these Terms is deemed invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

Survival.

The following sections will survive the expiration or termination of these Terms and the termination of your 8Primal account: all defined terms and Sections 1; 4-16; and 18-20.

Miscellaneous.

These Terms constitute the entire agreement between you and 8Primal relating to your access to and use of the Services and your Order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of 8Primal. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and 8Primal’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Accessibility Statement

8Primal is committed to making its website usable by all people, including those with disabilities by meeting or exceeding the requirements of the Web Content Accessibility Guidelines 2.1 Level A/AA (WCAG 2.1 A/AA). We strive in making our site an equal experience for everyone.

We continue to monitor our site and make sure that all content provided is accessible to all visitors. In order to help us in this process, we have engaged The Bureau of Internet Accessibility (BoIA.org), an accessibility consulting company, to conduct a full accessibility audit consisting of both automated and manual testing of our website using BoIA’s A11Y® platform which provides us with specific recommendations that will assist us in ensuring that our Web presence is in conformance with the WCAG 2.1 A/AA.

Disclaimer

It is important to note that efforts to the website are ongoing as we work to implement the relevant improvements to meet WCAG 2.1 A/AA guidelines over time.

Live 24/7 Accessibility Support

If you are having any issues relating to assistive technology, including screen readers, keyboard access, or other issues relating to the accessibility of our website, please write to info@8Primal.com and be sure to specify the web page so we can look into making that page accessible for you. We greatly value your questions and comments. In the customer service section, we only want the phone number displayed in the Accessibility Statement, therefore the wording here changes as well:

Third Party Applications

While you are visiting our site, you will notice that we make use of third-party sites such as, YouTube, Facebook, Instagram, Twitter, and Pinterest to provide information about 8Primal. Though individuals may have challenges with access to these particular sites, 8Primal does not control or remedy the way content is portrayed.

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