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This site is the personal page of Anthony J. Witkowski III. I am a recent graduate of Northeastern Law and the two projects are the result of two classes, Internet Law & Information Security Law, in the Fall Quarter of 2017. Please visit the About page for more recent work.

21. Walmart.com

Wal-mart

Wal-mart has a Terms of Use, Privacy Policy, & Notice section of their overall user agreement. Some sections only apply to specific services, but the general agreement contains broad provisions limiting liability to the fees you paid in the last 6 months, which is probably nothing for most users. Wal-mart does have a focus on security of personally identifying information in their privacy policy but anonymized data may still be shared and probably is shared with third-parties for advertising and tracking. The Notice section contains information required because of their status as a covered healthcare entity.

Representations & Warranties

 

 "THIS SITE IS PROVIDED BY WALMART ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WALMART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WALMART SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WALMART SITES.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WALMART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, WALMART DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE WALMART SITES.  YOU ACKNOWLEDGE, BY YOUR USE OF THE WALMART SITES, THAT YOUR USE OF THE WALMART SITES IS AT YOUR SOLE RISK.  THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU."

Limitations on Liability

 

"UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WALMART OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WALMART SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WALMART HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  SUBJECT TO THE FOREGOING, IN NO EVENT WILL WALMART BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WALMART SITES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE."

Indemnification

 

"You agree to defend, indemnify, and hold harmless Walmart and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Walmart Sites or any breach by you of this Agreement."

Key Definitions

  • Use of the site constitutes acceptance of the terms. However, there is no specific definitions section. 

Sharing Agreements

 

"We will not sell or rent your personal information. We may share your personal information in limited circumstances, such as to conduct our business, when legally required, or with your consent.

We will not share your personal information outside of our corporate family of companies, except in the following circumstances:

Service Providers 
We share personal information about you with service providers that help with our business activities, including shipping vendors, billing and refund vendors, payment card processors, and companies that help us improve our products and services. We require our service providers to keep your personal information secure. We do not allow our service providers to use or share your personal information for any purpose other than providing services on our behalf.  Your personal information may be stored and processed by our service providers in the United States or other locations where the service providers or Walmart maintain facilities. 

Products and Services Offered by Other Businesses
We will sometimes enable other businesses to make products or services available to our customers, such as through Walmart.com Marketplace retailers. You may purchase products or services from these other businesses at our stores or through our websites or mobile services. We indicate when products or services are offered by other businesses and share with these businesses personal information related to your purchase of their products and services. 

Legal Requirements and Protection of Our Company and Others
We may share your personal information in other special circumstances, which include situations when sharing is required by law, or we believe sharing will help to protect the safety, property, or rights of Walmart, our customers, our associates, or other persons. Examples include: 

Protecting the health or safety of customers;

Addressing crimes committed on Walmart property;

Identifying and addressing fraud or financial risk;

Providing personal information from cameras to law enforcement at their written request;

Responding to a search warrant or other valid legal inquiry; and 

Responding to an investigative body in the case of a breach of an agreement or violation of law.

Business Transfers
In the event that all or a part of our business is merged, sold or reorganized (including transfers made as a part of insolvency or bankruptcy proceedings), personal information about you could be shared with the successor business. We will use reasonable measures to help ensure that any successor treats your information in accordance with this Policy. 

With Your Consent 
In any circumstance other than those described above, we will ask for your affirmative consent before we share your personal information outside of our corporate family of companies, and we also will not sell or rent your personal information."