Last Updated September 10, 2020
- When we say “DX Offers Mall,” we mean Wal-Mart.com USA, LLC and DX Offers Mall Stores, Inc. and any subsidiaries of DX Offers Mall Stores, Inc. (including any subsidiaries that DX Offers Mall, Inc. may form or acquire in the future) and their affiliates, directors, officers, employees and agents. We also refer to DX Offers Mall as “we,” “us” and “our.” But when we say “DX Offers Mall Entities,” we mean Walmart; its suppliers, vendors, contractors, and licensors.
- When we say “DX Offers Mall Sites,” we mean dxoffersmall.com, the DX Offers Mall Apps, and all related functionality, services, and Content offered by or for DX Offers Mall on or through dxoffersmall.com and the DX Offers Mall Apps or the systems, servers, and networks used to make the DX Offers Mall Sites available.
- When we say “DX Offers Mall Apps,” we mean the official “Walmart App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store.
- When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
- When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the DX Offers Mall Sites.
- When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the DX Offers Mall Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the DX Offers Mall Sites through the tools offered by such social media platforms).
- When we say “Materials,” we mean Content that DX Offers Mall Entities make available on or through the DX Offers Mall Sites, including In Store Now information.
2. Your Use of the DX Offers Mall Sites
You certify that the Content you provide on or through the DX Offers Mall Sites is accurate and that the information you provide on or through the DX Offers Mall Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. DX Offers Mall is not responsible for any losses arising out of the unauthorized use of your account. You agree that DX Offers Mall does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the DX Offers Mall Sites. You agree that DX Offers Mall is not a party to any such agreement, nor is DX Offers Mall responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the DX Offers Mall Sites or any portion of the DX Offers Mall Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the DX Offers Mall Sites or any portion of the DX Offers Mall Sites.
- In connection with the DX Offers Mall Sites, you will not:
- Make available any Content through or in connection with the DX Offers Mall Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
- Make available through or in connection with the DX Offers Mall Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Use the DX Offers Mall Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the DX Offers Mall Sites.
- Interfere with or disrupt the operation of the DX Offers Mall Sites or the systems, servers, or networks used to make the DX Offers Mall Sites available, including by hacking or defacing any portion of the DX Offers Mall Sites; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the DX Offers Mall Sites.
- Reverse engineer, decompile, or disassemble any portion of the DX Offers Mall Sites, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the DX Offers Mall Sites.
- Frame or mirror any portion of the DX Offers Mall Sites, or otherwise incorporate any portion of the DX Offers Mall Sites into any product or service, unless you obtain Walmart’s express prior written consent to do so.
- Systematically download and store any Materials.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the DX Offers Mall Sites, without Walmart’s express prior written consent.
- Cause injury to any person or entity.
- You will not use the DX Offers Mall Sites or Walmart’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a DX Offers Mall trademark, logo, URL, or product name without Walmart’s written consent;
3. Content and Ideas
A. Submitting Content and Ideas
B. Walmart’s Rights to Use Content and Ideas
You grant to DX Offers Mall a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that DX Offers Mall is free to use any Ideas for any purpose. DX Offers Mall may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. DX Offers Mall is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to DX Offers Mall the right to use any name associated with any Content or Idea that you make available to DX Offers Mall, although DX Offers Mall has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
C. Prohibited Content
You agree that you will not make available Content in connection with the DX Offers Mall Sites that:
- is false, fraudulent, inaccurate, or misleading;
- contains your full name(s), or any other confidential personally identifiable information of yourself or others;
- violates any local, state, federal, or international laws or is otherwise tortious;
- is protected by or would infringe on the rights of others (including Walmart), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
- is obscene, indecent, pornographic, or otherwise objectionable;
- is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by DX Offers Mall in its sole discretion;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
- contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Walmart;
- contains or relates to chain letters or pyramid schemes;
- impersonates another business, person, or entity, including DX Offers Mall, its related entities, employees, and agents;
- violates any policy posted on the DX Offers Mall Sites; or
- is intended to cause harm, damage, disable, or otherwise interfere with the DX Offers Mall Sites or our partners.
4. Monitoring by DX Offers Mall
5. Materials Available on the DX Offers Mall Sites
DX Offers Mall and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The DX Offers Mall Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the DX Offers Mall Sites, we would appreciate it if you let us know by contacting us at /help. (Your feedback is a big part of what helps DX Offers Mall to get better at helping you!)
NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.
THE DX Offers Mall ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
We sell Products for children’s use; however, these Products are intended for sale to adults.
DX Offers Mall has no liability to you for content on the DX Offers Mall Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
DX Offers Mall is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any DX Offers Mall Entity, Marketplace Retailer (as defined below in Section 16.A), our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on DX Offers Mall Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Walmart’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
7. Third Party Sites
A. Order Acceptance and Billing
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped. Some exceptions (when you will be charged at the time your order is placed) are: (i) orders or preorders paid for with a Gift Card, eGift Card, or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.
In addition to any other remedies available to it, DX Offers Mall may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the DX Offers Mall returns policy.
B. Pricing Information; Availability
DX Offers Mall cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the DX Offers Mall Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. DX Offers Mall reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Walmart. DX Offers Mall may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the DX Offers Mall Sites or from prices available in DX Offers Mall stores or on DX Offers Mall Apps.
C. Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
D. Gift Cards
The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Your purchase and use of gift cards is subject to the full terms and conditions related to gift cards, available at //dxoffersmall.com/help/article/Gift-Card-Terms-and-Conditions/9881a4e10ab24dbe8f406df5c75acefd.
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the DX Offers Mall Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Delivery of Products purchased from the DX Offers Mall Sites to addresses outside the United States is limited. Some Products also have restricted delivery within the United States. Delivery restrictions are available at //dxoffersmall.com/cservice/contextual_help_popup.gsp?modId=119506. Some Products may be available for pick up at physical DX Offers Mall store locations. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
10. Export Policy
You acknowledge that (a) goods licensed or sold on the DX Offers Mall Sites, and (b) any software or technology purchased, downloaded, or used from the DX Offers Mall Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.
11. Intellectual Property
No license, right, title, or interest in the DX Offers Mall Sites or any Materials is transferred to you as a result of your use of the DX Offers Mall Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the DX Offers Mall Sites. The DX Offers Mall Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the DX Offers Mall Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the DX Offers Mall Sites and Materials is the exclusive property of DX Offers Mall and is also protected by U.S. and international copyright laws.
WALMART, DX Offers Mall, the dxoffersmall.com names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the DX Offers Mall Sites are trademarks or trade dress of DX Offers Mall in the U.S. and other countries. All other marks are the property of their respective companies.
12. Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the DX Offers Mall Sites in a way that constitutes copyright infringement, please see our DMCA Procedure (available at //dxoffersmall.com/help/article/Claims-of-Intellectual-Property-Infringement/9b5c2e81943544c5aad0d446b2456fe1) for instructions on how to contact us to report possible copyright infringement.
14. Third-Party Software & Licensing Notices
16. Terms Applicable to Special DX Offers Mall Services
A. DX Offers Mall Marketplace
DX Offers Mall operates an online marketplace program on the DX Offers Mall Sites (available at ) which enables Marketplace Retailers to sell their products alongside DX Offers Mall products and, once an order is placed, to ship such Marketplace Retailers’ products directly to the customer (the “Walmart Marketplace”). Any use of the DX Offers Mall Marketplace is subject to the following additional terms:
- When we say “Marketplace Retailer,” we mean any entity or retailer that sells goods or services in the DX Offers Mall Marketplace through the DX Offers Mall Sites, uses any order processing, fulfillment, shipping, or other services related to the DX Offers Mall Marketplace provided by or for DX Offers Mall, or uses any platform, portal, web service, application, interface, or other tool provided by or for DX Offers Mall in connection with the DX Offers Mall Marketplace.
- To the fullest extent provided by applicable law, DX Offers Mall has no responsibility or liability for any Marketplace Retailer, their products, or representations.
B. iOS DX Offers Mall App
- You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
C. DX Offers Mall Pay
“Walmart Pay” is a feature built into the DX Offers Mall App that allows you to use your smartphone to pay for in-store purchases. Any use of the DX Offers Mall Pay service is subject to the following additional terms:
- There is no charge from us to use DX Offers Mall Pay, but your data service provider’s message and data charges may apply. Except as otherwise provided by law, we may block, restrict, suspend or terminate your use of DX Offers Mall Pay at any time, without notice, and in our sole discretion.
- All DX Offers Mall policies applicable to sales occurring at a store location, including those regarding Ad Match, Price Matching, Coupon use, Returns, and Exchanges, apply to purchases made through DX Offers Mall Pay. We reserve the right to limit the availability of DX Offers Mall Pay during specific times, for specific items, or for certain events or promotions. Some products or services may not be eligible for purchase using DX Offers Mall Pay, or may require additional verification prior to completion of purchase through DX Offers Mall Pay. These products and services may include but are not limited to: tobacco, alcohol, firearms, optical or photo products and services, or products requiring a service agreement such as wireless, automotive, or financial products.
- Your device’s camera must be enabled in order to use DX Offers Mall Pay to complete the checkout process and to use additional features. Enabling the DX Offers Mall App to utilize location services on your device may provide you with access to other DX Offers Mall Pay features. You can turn off location services at any time on your device.
Certain DX Offers Mall Sites may permit or require the use of electronic receipts (“eReceipt”) for purchases made by you through a mobile device or other electronic device. Your eReceipt is a digital copy of your DX Offers Mall in-store purchase receipt. Any use of the DX Offers Mall eReceipt service is subject to the following additional terms:
- There is no charge from us to use DX Offers Mall eReceipts, but your data service provider’s message and data charges may apply. DX Offers Mall and text message carriers are not liable for delayed or undeliverable messages.
- We may alter, suspend, or terminate your use of DX Offers Mall eReceipts at any time at our discretion, without notice to you. We are not responsible for any losses associated with your inability to access the Internet and/or DX Offers Mall eReceipts. Requesting an eReceipt at the register will not automatically submit your eReceipt. Use of the DX Offers Mall eReceipts service is subject to all applicable laws and regulations.
E. DX Offers Mall Pickup and Delivery (formerly, Online Grocery Services)
Use of DX Offers Mall Pickup and delivery is subject to the following additional terms:
- Once you have placed an order for DX Offers Mall Pickup and delivery, we will send you an order acknowledgment by email setting out what you have ordered. This is not an order confirmation or acceptance from us.
- There may be a minimum order value, which may change from time to time. In addition to the price of goods, a delivery charge as shown at checkout, if applicable, will also be payable by you. All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order. The final taxes and fees will be calculated on the day your order is picked and delivered, or picked up, as applicable. In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.
- Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made. These limitations will be provided when you place your order. For Pickup and delivery orders that are delivered to you, title to the goods purchased by you and the related risk of loss on these items passes to you upon delivery of the items to the carrier.
- We may, in our discretion, provide you with a refund in certain circumstances. If you are not satisfied with your order, please contact the DX Offers Mall Pickup and delivery Contact Center at 626-985-1753.
- We will not provide you a refund for certain goods which by nature cannot be returned. Such items include items which cannot be resold for health and hygiene reasons once unwrapped (for example body jewelry, mattresses, bedding, certain items of clothing, personal grooming products, medicines, and certain baby products, etc.).
- Notwithstanding the foregoing, all refunds will be subject to our discretion.
- We aim to deliver your goods within the delivery or pickup window you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date. DX Offers Mall will not be liable for delivering the goods outside of the requested delivery or pickup slot or failing to deliver or make available for pickup all or any of the goods in your order.
- We can only deliver to an address stored in your address book in your account.
ii. DX Offers Mall Pickup and delivery Pricing
- Pricing for DX Offers Mall Pickup and delivery items will be the same prices as if you shopped in the store that packs and delivers the items. If an item's price changes between the time you place your order and the day your order is packed for delivery, we will charge you the lower price. If you have chosen to allow substitutions for your order, and substitutions are made, you will also be charged for the lower priced item. Please note that due to differences in distribution, regional competition, and other factors, prices may vary between stores, and so the prices you see online may not match all stores, only the store where your order is packed. DX Offers Mall Pickup and delivery does not match prices from other online or physical stores, or DX Offers Mall stores other than the one where your items are picked and packed.
ii. DX Offers Mall Pickup and delivery Promotion Codes
- Only promotional codes issued by DX Offers Mall can be used for DX Offers Mall Pickup and delivery services. Grocery Promo Codes cannot be used in DX Offers Mall stores. Grocery Promo Codes issued by DX Offers Mall are, and will remain, the property of DX Offers Mall and are not transferable, cannot be resold, and have no cash value unless otherwise stated. Grocery Promo Codes may not be used for alcohol purchases.
- Grocery Promo Codes can be added to your DX Offers Mall Pickup and delivery order by entering the code at checkout or by selecting a saved offer in checkout. To apply a Grocery Promo Code to your order, you must select it in the “Review Order” section at checkout. Use of a Grocery Promo Code may be subject to you providing proof of entitlement to use the Grocery Promo Code.
- All Grocery Promo Codes have an expiration date after which they cannot be used for any order. Grocery Promo Code values may be adjusted if the total discount value is greater than the value of your order.
- We reserve the right to withdraw or cancel any Grocery Promo Code at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the Grocery Promo Codes may not be used for any orders placed after the date of withdrawal or cancellation. We reserve the right to reject or cancel the use of a Grocery Promo Code where fraud or misuse is suspected. You will have no claim against DX Offers Mall in connection with such rejection or cancellation of a Grocery Promo Code. DX Offers Mall will not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any Grocery Promo Code or any failure or inability of a customer to use a Grocery Promo Code for any reason.
- Grocery Promo Codes may not be copied, reproduced, published, or distributed directly or indirectly in any form for use by anyone other than the original recipient. By using a Grocery Promo Code, you warrant that you are the duly authorized recipient of it.
F. DX Offers Mall Plus Membership
- Cancellation. You may cancel your DX Offers Mall Plus membership by calling DX Offers Mall Customer Care at 626-985-1753, or through your DX Offers Mall Account. There are no refunds for DX Offers Mall Plus membership fees paid, except as expressly provided in these Terms. If you cancel, you can continue to use DX Offers Mall Plus membership benefits until the end of your paid term.
- Free Trial Offers: You may cancel your DX Offers Mall Plus membership at any time during your 15-day free trial. If you cancel during the free trial period, you will not be able to use your DX Offers Mall Plus membership, and will lose the benefits of the free trial immediately.
- Auto – Renewal. YOU MAY SELECT EITHER A ONE-MONTH OR A ONE-YEAR DX Offers Mall PLUS MEMBERSHIP TERM (“TERM”). YOU WILL BE CHARGED IMMEDIATELY FOR THE INITIAL TERM. FOLLOWING THE INITIAL TERM, YOUR DX Offers Mall PLUS SUBSCRIPTION WILL AUTOMATICALLY RENEW, AND WE WILL CHARGE ANY CREDIT OR DEBIT CARD WE HAVE ON FILE FOR YOU FOR AN ADDITIONAL TERM AT THE FEE THEN IN EFFECT PLUS ANY APPLICABLE TAXES ON A RECURRING BASIS WITHOUT FURTHER NOTICE TO YOU (EXCEPT TO THE EXTENT THAT NOTICE IS REQUIRED BY APPLICABLE LAW) UNLESS AND UNTIL YOU NOTIFY DX Offers Mall OF YOUR DESIRE TO CANCEL YOUR DX Offers Mall PLUS MEMBERSHIP BY FOLLOWING THE DX Offers Mall PLUS MEMBERSHIP CANCELLATION PROCESS DESCRIBED IN THE PARAGRAPHS ABOVE. To avoid being charged for a new term, you must cancel your membership subscription before the end of the current term. If you cancel, you can continue to use DX Offers Mall Plus benefits until the end of your term.
- Other Limitations. We reserve the right to accept or refuse DX Offers Mall Plus memberships at our discretion. You may not transfer or assign your DX Offers Mall Plus account or any DX Offers Mall Plus benefits. DX Offers Mall Plus members are not permitted to purchase products for the purpose of resale, rental, or delivery to their customers or potential customers using DX Offers Mall Plus benefits. From time to time, DX Offers Mall may choose in its sole discretion to add or remove DX Offers Mall Plus benefits. Promotional free trials of DX Offers Mall Plus are limited to one per customer.
- Fees. The fees for DX Offers Mall Plus are stated in the subscription sign up process. From time to time, we may offer different terms and the fees for DX Offers Mall Plus may vary. The DX Offers Mall Plus membership fee is non-refundable except as expressly set forth in these Terms. Sales, excise or other similar taxes may apply to the DX Offers Mall Plus membership fee. If all credit or debit cards we have on file for you are declined for payment of the applicable fee, your DX Offers Mall Plus membership will be automatically cancelled and benefits will end. You may have the ability to sign up for DX Offers Mall Plus thereafter through your DX Offers Mall account. Your new term will be based on the date that you sign up.
- Terms and Conditions Changes. We may at our discretion change these DX Offers Mall Plus membership terms or benefits or any aspect of DX Offers Mall Plus that is not material, without notice or liability to you. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED ENROLLMENT AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
- Termination by Us. We may terminate your membership or participation in DX Offers Mall Plus at our discretion without notice or liability to you. If we do so, we will give you a full refund for any term that has not yet expired. However, we will not give any refund for termination related to conduct that we determine, at our discretion, violates these Terms or any applicable law, involves fraud or misuse of the membership or participation in DX Offers Mall Plus membership or is harmful to our interests or another user.
ii. DX Offers Mall Plus Unlimited Delivery Benefit
- DX Offers Mall Plus Unlimited Delivery for Pickup and delivery (“Walmart Plus Unlimited Delivery”) benefits are dependent upon inventory availability, available delivery time slots, and in some cases, the delivery address. DX Offers Mall Plus Unlimited Delivery -eligible orders are limited to items sold through dxoffersmall.com Pickup and delivery (formerly, Online Grocery) site and application. We may also exclude products with special delivery characteristics at our discretion. For more information about the details of DX Offers Mall Plus Unlimited Delivery benefits and service, see FAQs, available at //dxoffersmall.com/plus/faq
G. DX Offers Mall Digital Photo Center
Any use of the DX Offers Mall Digital Photo Center (available at dxoffersmall.com/Photo) is subject to the following additional terms:
- DX Offers Mall claims no ownership rights to the photos, photo files, albums, projects, captions, or prints (collectively defined as “Photos”), that you place in your DX Offers Mall Digital Photo Center Account. However, by uploading Photos into your DX Offers Mall Digital Photo Center Account, you agree to waive all moral rights to those images. In addition, you grant to DX Offers Mall a nonexclusive, worldwide, royalty-free, sublicensable license, so we can download, upload, copy, print, display, reproduce, modify, publish, post, transmit, distribute, and otherwise make available the photos included in your DX Offers Mall Digital Photo Center Account for the following purposes: (1) displaying displaying Photos to the people you select; (2) fulfilling orders; (3) improving the DX Offers Mall Digital Photo Center service and enabling it to work as designed, including by using automated systems and algorithms to analyze and customize your Photos; and (4) developing new technologies and services for Walmart. We will not use or modify your Photos for any purposes other than the foregoing without obtaining your express permission.
- You are responsible for monitoring and creating backup copies of the Photos stored in your account. DX Offers Mall Digital Photo Center is not provided to you under any warranty. DX Offers Mall will not be liable for any damage to your photos, albums, rolls, or uploads, including but not limited to loss, deletion or alteration.
- DX Offers Mall reserves the right to require that you obtain a signed copyright release form from the photographer or studio for photographs that are signed, stamped, or otherwise identified by any photographer or studio as copyrighted material, or any photograph that appears to have been taken by a professional photographer or studio, even if it is not marked with any sort of copyright. In such cases, negatives or digital images of a copyrighted image will be returned to you unprinted and you will be provided instructions on how to present DX Offers Mall with a signed copyright release. Copyright owner release forms and copyright permission release forms are available in-store at the DX Offers Mall Digital Photo Center.
- DX Offers Mall will not assist in the copying of any state or federal document, including but not limited to driver's licenses, passports, and social security cards.
- As a convenience to DX Offers Mall customers, DX Offers Mall may make third-party software available through the DX Offers Mall Digital Photo Center either through physical distribution or by download. To use such software, you will agree to the terms and conditions imposed by the third party provider. Unless otherwise stated in any specific agreement, the agreement to use such software will be solely between you and the third party provider.
- DX Offers Mall uses commercially reasonable efforts to maintain the availability of the DX Offers Mall Digital Photo Center 24 hours a day, 7 days a week, and provide photo processing within the time frame communicated to you. However, DX Offers Mall will not be liable to you for any unexpected outage or disruption of service. One-hour photo services are subject to limitations on store equipment and processing capacity, and actual pick-up times may vary.
- Making available any Photos to DX Offers Mall for processing, printing, storage, transmission or other handling constitutes an agreement by you that any damage to your Photos or computer system, or any loss of data, by DX Offers Mall, its subsidiaries, employees, or agents, even if caused by negligence or other fault, will only entitle you to replacement with a like amount of storage and processing. Except for replacement, to the fullest extent provided by applicable law, the handling of any Photos is not under warranty or liability, and recovery for any incidental or consequential damages is excluded.
- You understand and agree that any Content, including but not limited to Photos and software, downloaded or otherwise obtained through the use of the DX Offers Mall Digital Photo Center is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result in the download or upload of such material. Your use of the DX Offers Mall Digital Photo Center may expose you to Photos you may feel objectionable. You take sole responsibility for such exposure.
H. Mobile Scan & Go app
The DX Offers Mall mobile scan & go app (“SNG App”) is designed to allow select customers to use their mobile devices in participating DX Offers Mall stores to scan items for purchase into a digital cart, and then to authorize payment for that cart. Any use of the SNG App is subject to the following additional terms:
i. Accessing and Using the SNG App
- You agree to accurately scan the barcode for all products you wish to purchase, before checkout, when using the SNG App, and to pay for all products you obtain from any DX Offers Mall store. If you are unable to scan any products for any reason (including due to lack of connectivity with your mobile service), you must consult with a DX Offers Mall associate to make sure all items are either reflected in your digital cart before checkout, or are reflected on your physical or digital receipt after checkout.
- Upon scanning the relevant barcode for a product, that product will appear in your digital cart on your mobile device, along with the price for that product. Upon scanning certain products, like some fruits and vegetables, your digital cart will only reflect an estimated price for the product. The price for such products will be finalized as part of the exit and payment process, where you will be asked to weigh or provide the item count for the product. As a result, the total payment amount reflected for your digital cart may change.
- You agree that DX Offers Mall may review the products in your possession and/or your receipt or proof of purchase on your mobile device at any time (sometimes referred to as an “item check”), and that DX Offers Mall can require that any products be re-scanned or removed from your physical and/or digital cart, and that any product price or digital cart total be re-calculated. In the event you and any DX Offers Mall associate calculate different totals for your purchase, the calculation confirmed by the DX Offers Mall associate will be the amount payable by you.
- In order to finalize your purchase and exit the store, before leaving the store, you are required and agree: (i) to proceed to any available self-checkout register, and then, in the SNG App, pair your mobile device with the self-checkout register by scanning the QR code displayed on the screen ; (ii) after pairing your mobile device with a self-checkout register, to follow the instructions provided to you within the SNG App, which may include, among other things, weighing certain fruits and vegetables, providing proof of age in order to purchase age-restricted items, or submitting to an item check; and (iii) upon completion of all instructions in the SNG App, to select your preferred payment method and click the “Pay now” button on the “Checkout” page of the SNG App. Upon completing this process, your transaction will be complete, a digital receipt of the transaction will be rendered to you within the SNG App (or, in some cases, a physical receipt may be rendered to you from the self-checkout register), and you may exit the store.
- By selecting your preferred payment method and clicking “Pay now” on the “Checkout” page of the SNG App, you acknowledge and agree that we may proceed to finalize your payment transaction with your card issuer in the total amount of your digital cart.
- In some DX Offers Mall locations where a self-checkout register is not currently enabled, or in other select circumstances, you may be required to complete a “digital cart transfer”, which transfers products scanned into your digital cart over to a self-checkout register or to a staffed register, where your transaction will be completed in the traditional manner (but without having to re-scan all of your items again at the register).
- Subject to the laws of the jurisdiction of the store location in which you are shopping, the SNG App may allow you to scan certain age-restricted items, like alcohol, into your digital cart. By using the SNG App to scan such items into your digital cart, you represent that you meet the age requirements necessary to purchase such items, and acknowledge that you will be required to verify your identity and age with a DX Offers Mall associate, using appropriate credentials, when you complete the checkout process at the self-checkout register. If, upon age verification, it is determined by a DX Offers Mall associate that you do not meet the minimum age required to purchase those items, you will not be allowed to complete the purchase of those items. You agree to fully cooperate with any DX Offers Mall associates during your use of the SNG App, including by providing any identification or verification required for the purchase of certain products.
- DX Offers Mall may alter, suspend, or terminate use of the SNG App at any time at its discretion without notice to you.
- For certain large SNG App purchases, you will be asked to confirm your payment method and identity with a DX Offers Mall associate located at the store exit by presenting the credit card used for the transaction and a government-issued photo identification. If you are unable or unwilling to do so, you must pay for your purchase using traditional check-out methods. Please consult your local DX Offers Mall store for further details.
- We may elect to make certain items in our stores ineligible for purchase through the SNG App at any time, in our sole discretion, with no prior notice to you (for example, firearms, ammunition, alcohol, tobacco, gift cards that are not pre-activated, tires, car batteries, hearing center items, R-rated movies and games, prescriptions and some harsh chemicals).
ii. License Grant and Use Restrictions
- DX Offers Mall does not own the media or device on which the SNG App is recorded or stored, but DX Offers Mall and its licensors retain ownership of the SNG App itself.
- The SNG App is available only for supported devices, and is not available for all devices. Please check to determine whether a specific device-software combination is supported by the SNG App. You may not use the SNG App on devices that are not supported.
- You may not distribute or make the SNG App available over a network where it could be used by multiple devices at the same time. You may not sell, resell, rent, lease, lend, redistribute, sublicense, or otherwise make the SNG App available.
I. DX Offers Mall Registry for Good
Any use of the DX Offers Mall Registry for Good (available at //dxoffersmall.com/registry/registryforgood/welcome) is subject to the following additional terms:
- Participation in Registry for Good Site is limited to dxoffersmall.com accounts that have been associated with an eligible recognized 501(c)(3) organization (“Charity”) as verified by DX Offers Mall or its third party service provider. Each dxoffersmall.com account may create only one Registry for Good.
- Charities may be required to verify their compliance with these Terms, including verification that the Charity meets, or continues to meet the definition of a charity. DX Offers Mall may monitor the Charity’s website or other information to verify its compliance with these Terms.
- Charities may elect to make their Registry for Good searchable on the Registry for Good Site or may elect to make the registry private and available only to those who have a link.
- Charities are solely responsible for compliance with all solicitation regulations under each jurisdiction where they promote their Registry for Good, or the Registry for Good Site or any portion thereof.
- Charities acknowledge and agree that they are not entitled to receive, and DX Offers Mall will not provide, any identifiable customer information in respect of purchases made from any Registry for Good. DX Offers Mall will not promote any Charity or its Registry for Good.
iii. List Address
- dxoffersmall.com customers may purchase items selected by a Charity for its registry and choose to direct DX Offers Mall to deliver them to the address designated by the Charity (“List Address”) or customers may choose to deliver the items to the Charity directly.
- List Addresses provided by the Charity must be owned or leased by the Charity. Charities must promptly update their List Address (and any other information requested by Walmart) if the Charity address changes or it ceases holding a valid ownership or leasehold interest in the List Address. An agreement with a mail delivery agent or delivery service is not considered a leasehold for purposes of these Terms. By participating in the Registry for Good program, Charities consent and allow DX Offers Mall or any of its affiliates to share the List Address with any seller that offers items on your Registry for Good that a customer elects to purchase and send to the Charity List Address.
iv. Charity Promotion
- Charities may only promote or link to their Registry for Good on their own website, user-generated content published through a social media account, or page belonging to the Charity, offline mailings, or email correspondence, and may only use such of Walmart’s trademarks or logos, links to the Registry for Good Site, or other DX Offers Mall Content DX Offers Mall may make available to the Charity, in all cases in accordance with the following restrictions:
- Charities may not promote or link to the Registry for Good, or the Registry for Good Site, in a way that is misleading, illegal, or confusing to viewers or that does not accurately represent the Registry for Good program.
- Charities may not state, or imply that DX Offers Mall funds, endorses, supports or is otherwise engaged in business with a Charity.
- Charities may not request, collect, obtain, store, cache, or otherwise use any account information of, or used by, other DX Offers Mall customers
- Charities may not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of the DX Offers Mall Content or the Registry for Good Site.
- Charities may not frame your Registry for Good or the Registry for Good Site, or any part of it, on your own website, social media account, mailings or correspondence. Displaying a link in accordance with these Terms will not be considered framing.
- DX Offers Mall reserves the right to terminate any Charity participation in the Registry for Good, or suspend access to the Registry for Good site for violation of these Terms, in addition to any other remedies available to DX Offers Mall under these Terms or applicable law.
17. Disclaimer of Warranties
18. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, DX Offers Mall ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A DX Offers Mall ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO DX Offers Mall ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE DX Offers Mall SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO DX Offers Mall ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE DX Offers Mall SITES.
20. Disputes & Arbitration; Applicable Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the DX Offers Mall Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and DX Offers Mall will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
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 //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.
24. How to Contact Us
If you have any questions or comments, please contact us at //dxoffersmall.com/help, or by mail at the following address: dxoffersmall.com; 850 Cherry Ave., San Bruno, CA 94066. Please 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 626-985-1753.
DX Offers Mall Sites: © 2000-2020 DX Offers Mall All Rights Reserved.
DX Offers Mall Apps: ©2009-2020 DX Offers Mall All Rights Reserved.