Welcome to the Payless Daily Help Center

Last Updated Date: October 16, 2020

Payless Daily Wellness, provided by Payless Daily Inc. (“Walmart” or “we”) is an online service to help organize, store, and manage information related to your care or the care of your children, parents, and loved ones (the “Walmart Wellness Services”). Payless Daily Wellness Services are provided through our website, or through mobile applications (collectively, the “Site”). Please read carefully the following Terms of Service (“Terms”) and our . These Terms govern your access to and use of the Payless Daily Wellness Services and Collective Content (defined below) via the Site and constitute a binding legal agreement between you and Walmart.

You acknowledge and agree that, by accessing or using the Payless Daily Wellness Services, or by downloading, uploading, or posting any content from or on the Site or through the Payless Daily Wellness Services, you are indicating that you have read, and that you understand and agree to be bound by, these Terms, whether or not you have registered via the Site. If you do not agree to these Terms, then you have no right to access or use the Site or Payless Daily Wellness Services.

IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND Payless Daily ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

NO MEDICAL ADVICE

IF YOU ARE HAVING A MEDICAL EMERGENCY, DIAL 911 IMMEDIATELY.

We do not provide any medical or pharmaceutical advice through the Payless Daily Wellness Services. The Payless Daily Wellness Services is not a service provided by health care providers. As a result, the Payless Daily Wellness Services are not intended to provide medical or pharmaceutical information or replace the advice of a healthcare professional. The Payless Daily Wellness Services are designed solely as a tool for patients to support, not replace, the independent relationship that exists with any physician, pharmacist, and other healthcare professionals. We provide a way for you to take control and manage your health care data. While the Payless Daily Wellness Services are not operating as a covered entity under the Health Insurance Portability and Accountability Act (HIPAA), we take both the protection of your private health information and your ability to control and access such information very seriously. Please read our , to learn more. When applicable we will provide additional notice of significant updates to these privacy terms.

PROFILES

You are required to have a valid paylessdailyonline.com account to register with us for access to the Payless Daily Wellness Services and to become a “Member” of the Payless Daily Wellness Service. As a Member, you will have the opportunity to create one or more care profiles (“Profiles”) and to add information, data, and images to your Profile(s) (“Profile Content”). A Profile may relate to you or it may relate to your child, parent, or other person you are caring for. As a Member, you will have the opportunity to invite third-party caregivers (“Caregiver”) to access the Profiles that you create. If you elect to invite a Caregiver to access your Profile(s), that Caregiver will also be required to have a valid paylessdailyonline.com account and become a Member.  In addition, any Caregiver that you invite to access your Profile(s) will have full access to all Profile Content within your Profile(s) as well as the ability to add, delete, distribute, download, and edit all such Profile Content. Because of the sensitive and private nature of your health care and the health care of those loved ones on whose behalf you may be creating a Profile, we recommend that you protect the private and sensitive information contained within your Profile(s) and consider carefully whether to permit any Caregiver to access your Profiles. All Members are responsible for monitoring the Profile Content uploaded or added to their Profiles, whether uploaded by the Member, by a Caregiver, or by other third parties.

If you are creating a profile on behalf of another person, by accepting these Terms you attest that you are authorized by that person to create a profile on their behalf. To the extent you take action on behalf of the person you are caring for, you also attest that you have valid legal authority to take that action on their behalf.

Please note that you, and not Payless Daily, are responsible for maintaining and protecting all Profile Content. Payless Daily will not be liable to you for any loss or corruption of your Profile Content, or for any costs or expenses associated with backing up or restoring any of your Profile Content.

MODIFICATION

Payless Daily reserves the right, at its sole discretion, to modify, discontinue, or terminate the Payless Daily Wellness Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modified Terms. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Payless Daily Wellness Services after we have posted a modification on the Site or have otherwise provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. No modified Terms will apply to any dispute between you and us arising before we posted the modification or otherwise provided such notice. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Payless Daily Wellness Services.

ELIGIBILITY

The Site and Payless Daily Wellness Services are intended solely for persons who are 13 or older. Any access to or use of the Payless Daily Wellness Services by anyone under 13 is expressly prohibited. By accessing or using the Payless Daily Wellness Services you represent and warrant that you are 13 or older. In addition, you represent and warrant that you are of legal age to enter into these Terms, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms.

PRIVACY

See Walmart’s for information and notices concerning Walmart’s collection and use of your personal information and the Profile Content you submit.

OWNERSHIP

The Site, Payless Daily Wellness Services, and the news and other content provided by Payless Daily through the same, including the trademarks, trade dress and copyrightable text (collectively, the “Walmart Content”), are protected by copyright, trademark, and other laws of the United States and foreign countries and are the intellectual property of Walmart. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. You acknowledge and agree that the Site, Payless Daily Wellness Services, and Payless Daily Content, including all associated intellectual property rights, are the exclusive property of Payless Daily and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Payless Daily Wellness Services, or Payless Daily Content. All rights in and to the Payless Daily Content not expressly granted to you under these Terms are hereby reserved.

As between any Member and Payless Daily, all Profile Content is and remains the sole and exclusive property of you as the Member. Payless Daily does not own any Profile Content and its use of the same is subject to these Terms and our .

LICENSE GRANTED BY MEMBER

By making available any Profile Content on or through the Payless Daily Wellness Services, you hereby grant to Payless Daily a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid up right and license to access, use, view, copy, adapt, reformat, and download, such Profile Content for the limited purpose of making such Profile Content available to you and any Caregivers with whom you choose to share access to one or more of your Profiles via the Payless Daily Wellness Services, and as otherwise set forth in our . In the event you do elect to make one or more Profile(s) and their corresponding Profile Content available to one or more Caregivers, you further grant Payless Daily a right to sublicense the Profile Content to such Caregiver to allow access to and use of the same as permitted by the Payless Daily Wellness Services.  WE CANNOT CONTROL ANY USE OF PROFILE CONTENT BY ANY CAREGIVER AND YOU ARE SOLELY RESPONSIBLE FOR THE SAME AND ANY LIABILITY FOR SUCH ACCESS.

You acknowledge and agree that you are solely responsible for all Profile Content that you make available through the Payless Daily Wellness Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Profile Content that you make available through the Payless Daily Wellness Services, or you have all rights, licenses, consents and releases from your loved one that are necessary to grant to Payless Daily the rights in such Profile Content, as contemplated under these Terms, including the provision to Payless Daily of Personal Information (as defined in the Payless Daily ) submitted to us as part of a Profile; and (ii) neither the Profile Content nor your posting, uploading, publication, submission, or transmittal of the Profile Content or Walmart’s use of the Profile Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

LICENSES GRANTED BY Payless Daily TO Payless Daily CONTENT AND MEMBER CONTENT

Subject to your compliance with the terms and conditions of these Terms, Payless Daily grants you a limited, non-exclusive, non-transferable license to view, download, and print any Payless Daily Content (and, with respect to any mobile app included in the Payless Daily Content, to install and use such app on a mobile device that you own or control) solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, download, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Payless Daily Wellness Services or Payless Daily Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Payless Daily or its licensors, except for the licenses and rights expressly granted in these Terms. Any misuse of the Site, Payless Daily Wellness Services or Payless Daily Content available via the same may be pursued by Payless Daily to the fullest extent permitted by law.

In addition, if you are invited as a Caregiver to receive access to one or more Profile(s) by another Member(s), then subject to your compliance with the terms and conditions of these Terms, Payless Daily grants you a limited, non-exclusive, non-transferable license to access and use the Profile Content to which you are granted access by another Member, solely to the extent and for so long as Payless Daily has the right to grant such license. You have no right to sublicense the license rights granted in this section. Unless otherwise agreed between you and the Member granting you access to such Profile Content, all Profile Content is deemed to be confidential and you may not publicly disclose, display, distribute, transmit, stream, broadcast or otherwise use or exploit any Profile Content for any purpose other than the lawful provision and assistance of the management of the personal health care of the individual to whom the Profile Content relates.

OTHER SERVICES

From time to time, we may present you with offers or promotions we believe to be helpful or relevant, which may be from us at Payless Daily or from third parties. Certain of these offers may require you to share or enter additional information about you or your loved one. You are responsible for managing the information you choose to share. Payless Daily is providing the platform through which these services can be coordinated and managed, and although we try to select high quality third party partners and providers, we are not responsible for the choices you make to share your private information, or the accuracy or quality of such third party services. In that respect, the Payless Daily Wellness Services are only a venue for you to access those third party services, and Payless Daily is not a party to, nor are we otherwise involved in, any transactions entered into via or facilitated by the Payless Daily Wellness Services. Furthermore, Payless Daily is not liable or responsible for any dispute that arises between you and any third party.

In addition, Payless Daily will attempt to enable you to use the Payless Daily Wellness Service as a singular console through which these third party services may be managed, including facilitating the delivery and receipt of communications between you and your healthcare providers, from pharmacies to physician’s offices. We cannot guarantee that we can or will be able to maintain our relationship with any particular third party. We also are not responsible for any of the service levels, availability, or quality of any such connections with third parties, and disclaim any responsibility for errors or miscommunication with the same. To the extent providing other services requires actions on your behalf, you consent to appointing Payless Daily as your agent as reasonably needed to facilitate those services.

FEEDBACK

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Payless Daily Wellness Services (“Feedback”). You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through multiple tiers), and transferable license to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose without any compensation to you of any kind, and with or without attribution. Payless Daily may exploit any Feedback for any purpose and has no confidentiality or other obligations with respect to any Feedback. You represent and warrant that you have the right to grant the license set forth in this section with respect to any Feedback that you submit.

GENERAL PROHIBITIONS

You agree not to do any of the following:

• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation;
• Collect or store any personally identifiable information, including any Profile Content and/or Personal Information (as defined in the ) from the Payless Daily Wellness Services from other Members of the Payless Daily Wellness Services without their express prior written consent;
• Post, upload, publish, submit, or transmit any Profile Content that: (i) infringes, misappropriates, or violates a third party’s privacy or any rights of publicity, or any patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
• Use, display, mirror, or frame the Site, or any individual element within the Payless Daily Wellness Services or Payless Daily Content, or Walmart’s name, any Payless Daily trademark, logo, or other proprietary information, or the layout and design of any page or form contained on the Site, without Walmart’s express prior written consent;
• Access, tamper with, or use restricted areas of the Site, Walmart’s computer systems, or the technical delivery systems of Walmart’s providers;
• Attempt to probe, scan, or test the vulnerability of any Payless Daily system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Payless Daily or any of Walmart’s providers or any other third party (including another user) to protect the Site, Payless Daily Wellness Services, Payless Daily Content or Profile Content;
• Attempt to access or search the Site, Payless Daily Wellness Services, or Payless Daily Content or download Payless Daily Content or Profile Content from the Payless Daily Wellness Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Payless Daily or other generally available third party web browsers;
• Use the Payless Daily Wellness Services or Site to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a Payless Daily trademark, logo, URL, or product name without Walmart’s express prior written consent;
• Use the Site, Payless Daily Wellness Services, Payless Daily Content or Profile Content for any commercial purpose or the benefit of any third party or in any manner not expressly permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Payless Daily Wellness Services to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Payless Daily Wellness Services;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Payless Daily Wellness Services; or
• Encourage or enable any other individual to do any of the foregoing.

Payless Daily will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Payless Daily may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

You acknowledge that Payless Daily has no obligation to monitor your access to or use of the Site or Payless Daily Wellness Services or to review or edit any Profile Content, but has the right to do so for the purpose of operating the Site and Payless Daily Wellness Services, to ensure your compliance with these Terms, and to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Payless Daily reserves the right, at any time and without prior notice, to remove or disable access to any Profile Content that Payless Daily, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Payless Daily Wellness Services or any Member or other person.

LINKS

The Site may contain links to third-party websites or resources. You acknowledge and agree that Payless Daily is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Payless Daily of such websites or resources or the content, products, or services available from such websites or resources, or the privacy policies or practices of the operators of such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Payless Daily Sites in a way that constitutes copyright infringement, please see our DMCA Procedure (available at DMCA Procedure) for instructions on how to contact us to report possible copyright infringement.

TERMINATION

If you breach any of these Terms, Payless Daily will have the right to terminate these Terms and disable access to your Profiles, including those Profiles to which you have been permitted access by other Members, at its sole discretion and without prior notice to you. Payless Daily also reserves the right to revoke your access to and use of the Site and Payless Daily Wellness Services at any time, with or without cause.

WARRANTIES

You warrant and represent to Payless Daily that your use of the Payless Daily Wellness Services, whether as a Profile-creator or as a Caregiver or otherwise, is solely for lawful purposes to facilitate the care of the individual that is the subject of the Profile. You must not use the Payless Daily Wellness Services, the Site, any Payless Daily Content, or any Profile Content in any instance for any unlawful purpose.

DISCLAIMERS

THE SITE, Payless Daily WELLNESS SERVICES, AND Payless Daily CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Payless Daily EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. Payless Daily MAKES NO WARRANTY THAT THE SITE, Payless Daily WELLNESS SERVICES OR Payless Daily CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Payless Daily MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR Payless Daily CONTENT AVAILABLE FROM OR OBTAINED THROUGH THE Payless Daily WELLNESS SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY Payless Daily CONTENT OR PROFILE CONTENT OBTAINED THROUGH THE Payless Daily WELLNESS SERVICES. PROFILE CONTENT IS SUBMITTED SOLELY BY MEMBERS AND Payless Daily HAS NO RESPONSIBILITY OR LIABILITY FOR THE TRUTHFULNESS OR ACCURACY OF THE SAME.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Payless Daily OR THROUGH THE SITE OR Payless Daily WELLNESS SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

INDEMNITY

YOU AGREE TO DEFEND (AT WALMART’S OPTION), INDEMNIFY, AND HOLD HARMLESS Payless Daily AND ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO OR USE OF THE SITE, Payless Daily WELLNESS SERVICES, ANY Payless Daily CONTENT OR ANY PROFILE CONTENT (WHETHER OR NOT IT IS A PROFILE YOU CREATED OR OTHERWISE), (II) ANY USE OF OUR SITE OR Payless Daily WELLNESS SERVICES FOR ANY UNLAWFUL OR INAPPROPRIATE CONDUCT, OR (III) ANY ACT OR OMISSION BY YOU THAT CONSTITUTES AN ACTUAL OR ALLEGED VIOLATION OF THESE TERMS. Payless Daily reserves the right, at its expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Payless Daily if and as requested by Payless Daily in the defense and settlement of such matter.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND Payless Daily WELLNESS SERVICE REMAINS WITH YOU. NEITHER Payless Daily NOR ITS AFFILIATES, OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR Payless Daily WELLNESS SERVICES  WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR Payless Daily WELLNESS SERVICES OR THE INABILITY TO USE OR ACCESS A PROFILE OR ANY SPECIFIC PROFILE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Payless Daily HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF Payless Daily AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR Payless Daily WELLNESS SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO Payless Daily FOR USE OF THE SAME DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE, IF YOU HAVE MADE ANY PAYMENTS TO Payless Daily FOR USE OF THE SAME, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Payless Daily AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ENTIRE AGREEMENT

These Terms constitute the entire and exclusive understanding and agreement between Payless Daily and you regarding the Site and Payless Daily Wellness Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Payless Daily and you regarding the Site and Payless Daily Wellness Services. In the event that you have elected to access restricted portions of the Site or use additional Payless Daily Wellness Services, which are subject to additional terms and conditions, any additional terms and conditions applicable to that portion of the Site or additional Payless Daily Wellness Service are expressly included within these Terms as well.

ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without Walmart’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Payless Daily may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Walmart: (i) via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

DISPUTES & ARBITRATION

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

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT FOR ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND Payless Daily, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL, SINGLE ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT Payless Daily AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. FOR PURPOSES OF THIS SECTION, THE TERM “DISPUTE” SHALL BE INTERPRETED AS BROADLY AS PERMITTED UNDER THE LAW AND SHALL COVER ANY CLAIMS THAT AROSE BEFORE THESE OR ANY PRIOR TERMS.  YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; AS SET FORTH BELOW, CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to you. The arbitrator will follow the terms of these Terms and his or her award will be final and binding. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER Payless Daily CUSTOMERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION PROVISION SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.

This arbitration provision shall survive any termination of these Terms. 

APPLICABLE LAW

The law applicable to the interpretation and construction of these Terms in any arbitration shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Arkansas without regard to principles of conflicts of laws. If any dispute is found not to be arbitrable, then ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated.

Export Controls

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

GENERAL

The failure of Payless Daily to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Walmart. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Walmart. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.”

FILTERING

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

CONTACTING Payless Daily

If you have any questions about these Terms, please contact Payless Daily at https://paylessdailyonline.com/help or by mail to 850 Cherry Ave., San Bruno, CA 94066Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (718) 362-6269.

Apple-Specific Terms

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Site compatible with the iOS operating system of Apple Inc. (“Apple” and such version, the “App”). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Payless Daily in accordance with the “Contacting Walmart” section above. The license you have been granted herein with respect to the App is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, Walmart’s  right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.