These Terms of Service (“Terms”) govern your access to and use of primaground.com and any products or services offered by PrimaGround, Inc. (“PrimaGround,” “we,” “us,” “our”). Please read them carefully. By using the site or placing an order, you agree to them.
1. Acceptance of these terms
By accessing this site, creating an account, or placing an order, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the site.
2. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to purchase products from PrimaGround. By placing an order, you represent that you meet this requirement.
3. Your account
If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately at maxine@primaground.com of any unauthorized use.
4. Orders, pricing, and payment
All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order. Prices are in US dollars and may change without notice; the price you pay is the price displayed at the time of checkout. We charge applicable sales tax based on your shipping address. Pricing errors are corrected when discovered, and orders affected by an obvious error may be canceled and refunded.
5. Subscriptions and refills
Refill subscriptions are billed and shipped on the cadence you select at signup. You may pause, skip, change cadence, or cancel a subscription at any time from your account page or by emailing maxine@primaground.com. Changes made at least 48 hours before your next scheduled shipment take effect immediately; changes made within 48 hours take effect with the following shipment.
6. Shipping & returns
See our Shipping & Returns page for full details on delivery times, carrier options, and our return policy.
7. Health and dietary supplement disclaimer
PrimaGround products are dietary supplements. These statements have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease.
The content on this site, including articles in our magazine and on product pages, is provided for informational purposes only and is not a substitute for advice from a qualified healthcare professional. Consult your physician before starting any supplement, especially if you are pregnant, nursing, taking prescription medication, or have a medical condition.
8. Acceptable use
You agree not to: (a) use the site for any unlawful purpose; (b) attempt to gain unauthorized access to any part of the site or its servers; (c) interfere with the operation of the site (denial-of-service, scraping at a rate that degrades service, automated account creation); (d) introduce malware or any other malicious code; (e) reverse engineer or attempt to derive the source code of any part of the site; (f) misrepresent your affiliation with any person or entity.
9. Intellectual property
All content on this site — including text, photography, design, code, the PrimaGround name, logo, and brand marks — is the property of PrimaGround, Inc. or its licensors and is protected by US and international copyright, trademark, and other intellectual-property laws. You may not copy, reproduce, distribute, modify, or create derivative works of any part of this site without our prior written permission, except as expressly allowed by these Terms (for example, sharing a magazine article URL on social media is permitted).
10. User content
If you submit a product review, comment, photo, or other content to the site, you grant PrimaGround a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, and display that content in connection with our business. You represent that you own or have the rights to the content you submit. We may remove user content at our discretion.
11. Third-party links
The site may link to third-party websites that we do not control. We are not responsible for the content, accuracy, privacy practices, or any other aspect of third-party sites. Linking does not imply endorsement.
12. Disclaimer of warranties
The site and all content are provided “as is” and “as available,” without warranties of any kind, express or implied, to the fullest extent permitted by law. We do not warrant that the site will be uninterrupted, error-free, or free of harmful components.
13. Digital Millennium Copyright Act (DMCA) notice and takedown
PrimaGround respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512), we will respond promptly to clear notices of alleged copyright infringement.
13.1 Filing a notice of infringement
If you believe content on this site infringes your copyright, send a written notice to our designated DMCA agent that includes:
- A physical or electronic signature of the copyright owner or an authorized representative.
- A description of the copyrighted work claimed to have been infringed.
- The URL or specific location of the allegedly infringing material on our site.
- Your address, telephone number, and email.
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
13.2 Designated DMCA agent
DMCA Agent, PrimaGround, Inc.
1840 Telluride Way
Boulder, Colorado 80301, USA
Email: dmca@primaground.com
13.3 Counter-notification
If material you posted was removed in response to a DMCA notice and you believe the removal was the result of mistake or misidentification, you may file a counter-notification. Counter-notices must include the elements required by 17 U.S.C. § 512(g).
13.4 Repeat infringers
We will, in appropriate circumstances and at our sole discretion, terminate accounts of users who are determined to be repeat infringers.
Note: Misrepresenting infringement (or counter-claims of non-infringement) may subject you to civil penalties under 17 U.S.C. § 512(f). Consult an attorney before submitting a notice.
14. Limitation of liability
To the fullest extent permitted by law, PrimaGround, Inc., its officers, directors, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to your use of the site or our products. Our total liability for any claim arising under these Terms will not exceed the greater of (a) the amount you paid us for the product giving rise to the claim, or (b) $100 USD.
15. Indemnification
You agree to indemnify and hold harmless PrimaGround, Inc. from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising from your breach of these Terms, your violation of any law, or your violation of any third-party right.
16. Governing law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Subject to Section 17 (Arbitration), exclusive jurisdiction for any dispute will be in the state or federal courts located in Boulder County, Colorado.
17. Mandatory arbitration; class-action waiver
You and PrimaGround agree that any dispute arising under these Terms will be resolved by final and binding arbitration administered by JAMS in Boulder, Colorado, under its Streamlined Arbitration Rules. You and PrimaGround waive any right to participate in a class action. You may opt out of this arbitration provision by sending written notice to maxine@primaground.com within 30 days of first agreeing to these Terms.
18. Changes to these terms
We may update these Terms from time to time. When we do, we will post the updated version on this page with a revised “last updated” date. Material changes will be communicated by email or banner notice at least 30 days before they take effect. Your continued use of the site after the effective date constitutes acceptance.
19. Contact us
PrimaGround, Inc.
1840 Telluride Way, Boulder, Colorado 80301, USA
Email: maxine@primaground.com
Phone: (833) 555-0142