Primo Water North America Terms of Use
Last Updated January 13, 2023
These Terms of Use (“Terms“) apply to your use of the web sites, web pages, interactive features, applications, widgets, blogs, Twitter, Facebook or other social networking Company sites, and their respective contents, whether accessed via computer, mobile device or other technology (“Site” and “Sites”). The Sites are offered by DS Services of America, Inc. dba Primo Water North America and its subsidiaries and affiliated companies (collectively, “the Company,” “Primo,” “we”, “us”, “our”). Some of our other sites and/or programs have their own, possibly different, policies that are posted on their own sites. We encourage you to review those policies when using those sites.
We reserve the right to change or modify these Terms of Use at any time and in our sole discretion. If we make changes to these Terms, we will update the "Last Updated" date at the beginning of these Terms of Use. By continuing to access or use the Sites, you confirm your acceptance of the revised Terms of Use. We encourage you to review the Terms of Use frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites.
1. CONDITIONAL USE OF THIS SITE
Your access to and use of the Sites (or any part thereof) is subject to these Terms, and all applicable laws. Certain features of the Site may have additional terms, such as promotion official rules, site content and behavior guidelines, and other terms and conditions. These Terms govern your rights and responsibilities in connection with the particular Site you are using. By accessing and using the Sites and such other features, you signify your acceptance and agreement to be bound by these Terms and our privacy policy (the “Privacy Policy”), which is hereby incorporated by this reference into these Terms, and such other terms as may be applicable.
These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us with respect to any products, services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity's behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
These Terms are a binding legal agreement between you and the Company: please read them carefully before you use the Site. Do not use the Site if you do not agree with any of the terms contained herein.
2. PRIVACY POLICY
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
3. RIGHTS; RESPONSIBILITIES; AND GENERAL RESTRICTIONS
You may use the Sites for your own personal, non-commercial informational or entertainment purposes only.
You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, upload, modify, create derivative works from or based upon, transmit, decompile, reverse engineer, incorporate into any hardware or software application, broadcast, distribute or otherwise use or exploit any Site Content (as defined below) in any way, including for any public or commercial purpose whatsoever, without our express authorization.
You may not use any third parties’ likenesses, names, and/or properties without their express permission.
You may not send or post to the Site or link, embed or otherwise display via the Site any material that is: unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene, vulgar, scandalous, inflammatory, pornographic, indecent or profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that could constitute or encourage a violation of any applicable laws, rules or regulations (“Applicable Laws”), or that infringes or violates other parties’ intellectual property, publicity, or privacy rights or links to infringing or unauthorized content.
You may not do anything on the Site that would prevent other users’ access to or use of the Site or any part thereof, including using or attempting to use another user's account without authorization from such user and Primo.
We may review, edit or delete materials you or others send to the Sites for any reason in our sole discretion, but are not obligated to do so.
You are responsible for maintaining the confidentiality of any username or passwords associated with access to the Site or your account and to monitor and assume responsibility for all activities that occur under your username and/or password.
We may cancel any registration(s) or account(s) on the Sites at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.
4. OWNERSHIP OF MATERIAL YOU SEND
Subject to the application of the Privacy Policy to personal data, any material you send to the Sites will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. We (or our designees) will be entitled to use any or all of it for any purpose, WITHOUT COMPENSATION TO YOU, including for reproduction, disclosure, transmission, publication, broadcast and posting. You must only send material to the Site if you are the original author of the material or otherwise have the necessary rights to use that material.
5. REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES
In order to access and use certain areas or features of the Sites, you will need to register for an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches or misuse related to the Sites or your account.
By creating an account with us, you also consent to receive electronic communications from us (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 acknowledge that you have read the “E-Signature Disclosure” below and 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.
E-Signature Disclosure
You may request a paper version of this Terms of Use or subsequent electronic communications. You acknowledge that Primo reserves the right to charge you a reasonable fee for the production and mailing of paper versions of this application or subsequent communications. To request a paper copy of an electronic communication, please contact us at customerservice@primowater.com.
You have the right to withdraw your consent to receive electronic communications at any time. If you wish to withdraw your consent, please contact us at customerservice@primowater.com. Also, please contact us at customerservice@primowater.com if you wish to receive electronic communications through a different email address than the one we have on file.
You are responsible for the installation, maintenance, and operation of your computer, digital device, browser and software. We only require, at minimum, that you have a working email address that uses a functioning modern app or web browser (such as a recent version of Microsoft Edge, Google Chrome, Mozilla Firefox, or Apple Safari) running on an up-to-date operating system (such as Windows 10, iOS 10, OS X Mojave, etc.). Unsupported apps or browsers may not function properly. Primo is not responsible for errors or failures from any malfunction of your computer, device, browser, or software.
6. ONLINE PAYMENTS
By accessing, viewing or using our online payment service, you authorize us to establish and maintain your invoices and payment authorizations and process your payments according to your instructions. You also represent and warrant that you are authorized to use the designated payment method. Primo reserves the right to terminate your access to the online payment service at any time with or without cause or prior notice in our sole discretion. When you send the Company a payment authorization, you authorize us to charge your transaction account and remit funds on your behalf. The Company anticipates completing most transactions and posting your payment within two (2) business days of the date you designate. Due to circumstances beyond our control, some transactions may take more than two (2) business days to post. Therefore, the Company should receive payment authorizations at least three (3) business days before the actual payment due date. If you send a payment authorization less than three (3) business days before the payment due date, you may be assessed late charges and penalties by the Company if your payment does not post prior to the due date. If your financial institution or the holder of the account from which you have designated payment is unable to complete your transaction including, but not limited to, insufficient funds, the transaction may not be completed, and the Company may charge you for any returned credit/debit card charges.
7. INTELLECTUAL PROPERTY
We own or license from third parties all software and code comprising or used to operate the Site, and all of the text photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including Feedback (defined below) (collectively, “Site Content”). All Site Content and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein remains the sole property of the applicable content owner and is protected under all relevant international copyright, trademark and other intellectual property laws. Nothing on the Site should be construed as granting any license or rights to use or distribute any Site Content, without our express written agreement or that of the other applicable content owner.
8. COPYRIGHTS
The works of authorship contained on the Sites, including, but not limited to, all design, text, graphics, sound recordings, images and logos (collectively "Copyrights"), are owned, except as otherwise expressly stated, by Primo and are protected by United States and international copyright laws and regulations. In addition, the Company owns a copyright to the Sites as a collective work or compilation, and in the selection, coordination, enhancement and arrangement of the content of the Sites. Except as otherwise expressly stated herein, the Copyrights may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of the Company. We do not grant any express or implied rights to you in the Copyrights and we enforce our intellectual property rights to the fullest extent of the law. Please note that the unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000.
9. COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, including the law of fair use;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent for notice of claims of copyright infringement on the Site can be reached at:
Primo Water Corporation
Attention: Chief Legal Officer
1150 Assembly Drive, Suite 800
Tampa, FL 33607
10. TRADEMARKS
The brand names and any other service names, logos or slogans that may appear on the Sites are trademarks of our Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other "hidden text" utilizing any name, trademark or product or service name of Primo without our prior written permission. In addition, the look and feel of the Sites, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of the Company 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, service names and company names or logos mentioned on the Sites 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 the Company.
11. THIRD PARTY CONTENT
We may display content, advertisements and promotions from third parties through the Sites (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, without limitation, regarding its 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.
12. FEEDBACK
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about Primo, the Sites or any of our products or services (collectively, "Feedback"). Feedback is non-confidential and shall become the sole property of the Company. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13. SITE DISRUPTIONS
Primo is not responsible or liable if or when your access to the Site(s) is or becomes delayed, limited, slow or otherwise unavailable due to any reason, including hardware or software failure; overload of system capacities; damage caused by severe weather, earthquakes, hurricanes, natural disasters or other acts of God; wars, insurrections, riots, acts of terrorism; interruption of power or other utility services; strikes or other work stoppages; governmental or regulatory restrictions; court or administrative orders or rulings; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Primo. Furthermore, Primo is not liable for any computer viruses, malicious code or other defect in the Sites or incompatibility among the Sites, files and your browser or other site accessing program.
14. DISCLAIMER OF WARRANTIES
WE ATTEMPT TO DISPLAY OUR PRODUCTS AND SERVICES AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND PRODUCT AND SERVICE DESCRIPTIONS, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, 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. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
THE SITES AND SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Primo DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES AND SITE CONTENT, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR SITE CONTENT WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS AND LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER WARRANTY RIGHTS THAT VARY FROM STATE TO STATE. We reserve the right to change any and all Site Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) at any time without notice. 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.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRIMO BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL 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 TO OR USE OF THE SITES OR SITE CONTENT (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES), OR OTHERWISE RELATED TO THESE TERMS OF USE (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM PRIMO, OR FROM EVENTS BEYOND PRIMO'S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, 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 OF OR UNAUTHORIZED ACCESS TO ANY PRIMO DATA OR 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) 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). Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $100.00, whichever is less. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY OF PRIMO FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT
16. MODIFICATIONS TO THE SITES
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) at any time.
17. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PRIMO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
a. Binding Arbitration
You and Primo each agree to waive our respective rights to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") arising from or related to these Terms of Use, the Sites or the Content, including claims that arose before the existence of these Terms of Use, claims that arise after the cancelation or termination of these Terms of Use, and claims that are the subject of purported class action litigation, resolved in a court and by a jury trial. Instead, you and Primo agree to arbitrate Disputes through binding arbitration as provided in more detail in these Terms of Use. The foregoing waivers shall not apply to any Disputes in which either party seeks injunctive or other equitable relief (including Disputes (i) arising out of or related to a violation of Section 3, or (ii) for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents). Disputes shall not include any issues relating to the existence, scope, validity, or enforceability of this arbitration provision.
b. No Class Arbitrations, Class Actions or Representative Actions
You and Primo agree that any Dispute arising out of or related to these Terms of Use, the Sites or the Content is personal to you and Primo and that such 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. You and Primo 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. Further, you and Primo agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
c. Federal Arbitration Act
You and Primo agree that these Terms of Use affect interstate commerce and that the enforceability of this Section 17 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.
d. Notice; Informal Dispute Resolution
You and Primo agree that each party will notify the other party in writing of any Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Primo shall be sent by certified mail or courier to DS Services of America, Inc., Attn: Legal Department, 2300 Windy Ridge Parkway, Suite 500N, Atlanta, Georgia 30339. Your notice must include (a) your name, postal address, telephone number, account number (if you have one) and an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. If you and Primo cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Primo may, as appropriate and in accordance with this Section 17, commence an arbitration proceeding.
e. Process
EXCEPT FOR Disputes in which either party seeks injunctive or other equitable relief (INCLUDING DISPUTES (i) arising out of or related to a violation of Section 3, or (ii) for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), YOU AND PRIMO AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR PRIMO WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND PRIMO WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Primo agree that (a) any arbitration (including the hearing) will occur in Cobb County, Georgia, (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 hereby incorporated by reference, and (c) that the state or federal courts of the State of Georgia and the United States, respectively, sitting in Cobb County (for state) and Fulton County (for federal), have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. In addition to the foregoing, demands for arbitration must be accompanied by a detailed statement of claim that is personally verified and executed by the claimant. Moreover, you will not be responsible for any arbitral fees that exceed the fees you would have incurred if the dispute had been brought in court. If you hire an attorney to represent you in arbitration, you are responsible for your attorneys’ fees and costs but may recover them from Primo to the same extent as in court. If the arbitrator finds that your Dispute was frivolous or brought for an improper purpose, however, Primo may seek reimbursement of its reasonable attorneys’ fees from you, your attorney, or both, to the same extent as in court.
f. Authority of Arbitrator
As limited by the FAA, these Terms of Use and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of 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 of Use. 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.
g. Rules of JAMS
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms of Use, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
h. Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first visit the Sites (and thus accept these Terms of Use) by writing to: DS Services of America, Inc., Attn: Legal Department, 2300 Windy Ridge Parkway, Suite 500N,Atlanta, Georgia 30339. 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 18.
18. Governing Law and Venue
These Terms of Use and your access to and use of the Sites shall be governed by and construed and enforced in accordance with the laws of the State of Georgia, without regard to conflict of law rules or principles (whether of the State of Georgia 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 shall be resolved in the Georgia state courts located in Cobb County, Georgia or in the United States federal courts located in Fulton County, Georgia only – however, for all such disputes generating federal subject matter jurisdiction, the parties agree that these disputes shall be heard in the United States federal courts located in Fulton County, Georgia only.
19. SITE ACCESS
Notwithstanding anything contained in these Terms of Use, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites at any time and for any or no reason.
20. Severability
If any term, clause or provision of these Terms of Use is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms of Use 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 of Use.
21. Miscellaneous
These Terms of Use constitute the entire agreement between you and Primo relating to your access to and use of the Sites. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Primo. No waiver of any provision of these Terms of Use will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Primo's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms of Use 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.